Girraj Shukla vs The State Of Madhya Pradesh
2024 Latest Caselaw 3448 MP

Madhya Pradesh High Court

Girraj Shukla vs The State Of Madhya Pradesh on 6 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 6751 of 2021
                                              (GIRRAJ SHUKLA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-02-2024
                                 Shri B.S. Gour - Advocate for the appellant.

                                 Shri Vijay Sundaram - Panel Lawyer for respondent/State.

Heard on IA. No.2572 of 2024, an application moved under Section 389(1) Cr.P.C. on behalf of the appellant for temporary suspension of sentence and granted of bail to perform 13th day ceremony of his elder brother who is

stated to have passed away on 31.01.2024.

T his appeal, under Section 374(2) Cr.P.C., is directed against the judgment of conviction and order of sentence dated 16.09.2021 passed by Additional Sessions Judge and Special Judge (Electricity Act) Gwalior (M.P.) in S.T. No.147/2015; whereby, appellant has been convicted and sentenced under Section 302/149 (two counts) of IPC, 148 of IPC, 25 (1)(B) of Arms Act, 27(1) of Arms Act and 120-B of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/-, 3 years' R.I. with fine of Rs.5,000/-, 3 years' R.I. with fine of Rs.5,000/-, 5 years' R.I. with fine of Rs.5,000/- and Life Imprisonment

with fine of Rs.10,000/- with default stipulations respectively.

Learned counsel for appellant submits that elder brother of the appellant has passed away on 31.01.2024 and his 13th Day Ceremony is scheduled to be performed on 12.02.2024 therefore, his jail sentence may be temporary suspended on the terms and conditions this Court deems fit and proper.

The said fact regarding death of elder brother of the appellant has been verified by the State counsel.

Taking into consideration the facts and circumstances of the case but

without expressing any opinion on the merits, appellant is granted temporary suspension of sentence to attend the 13th Day Ceremony of his elder brother.

I t is directed that the jail sentence of appellant- Girraj Shukla shall remain suspended temporarily w.e.f. 09-02-2024 to 12-02-2024. Accordingly, he be released on bail on 09-02-2024 on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

Appellant is directed to surrender before the trial Court on 13-02-2024 under intimation to the Registry of this Court through their counsel.

The I.A. stands disposed of accordingly.

Registry is directed to send copy of this order to the Court concerned for necessary compliance.

List this case in the week commencing 19-02-2024 to verify the factum of surrender by the appellant.

                              (ROHIT ARYA)                                      (BINOD KUMAR DWIVEDI)
                                 JUDGE                                                  JUDGE

                           ojha