Shyamlal Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 4035 MP

Madhya Pradesh High Court

Shyamlal Lodhi vs The State Of Madhya Pradesh on 12 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 10774 of 2022
                                            (SHYAMLAL LODHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                Shri Surajbhan Lodhi - Advocate for the appellant.

                                Shri Anjali Gyanani - Public Prosecutor for the respondent/State.

Heard on I.A.No.2826 of 2024, second application under Section 389(1) of Cr.P.C. filed on behalf of appellant Shyamlal Lodhi seeking temporary suspension of sentence on the ground that marriage of his son Arvind shall be solemnized on 29.02.2024.

Present appellant stood convicted under section 148 of the I.P.C. and sentenced to undergo one year rigorous imprisonment, Section 302 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo one month's imprisonment and Section 323 of the I.P.C. and sentenced to undergo six months rigorous imprisonment, vide judgment dated 30.09.2022 passed by Additional Sessions Judge, Picchore, District Shivpuri in Sessions Trial No.93/2017.

Learned counsel for the appellant submits that the marriage of son of appellant, namely, Arvind is going to be solemnized on 29.02. 2024. He has

placed on record the marriage card. It is submitted that in the obtaining facts and circumstances, the appellant be enlarged on temporary bail.

The factum of marriage has been verified through the concerned Police Station, as stated at Bar by learned counsel for the respondent/State.

Taking into consideration the facts and circumstances of the case, appellant-Shyamlal is granted temporary suspension of jail sentence to attend the marriage of his son. It is directed that the jail sentence of appellant shall

remain suspended temporarily from 27.02.2024 to 1.03.2024. Accordingly, he be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court. He shall surrender on or before expiry of said period i.e. on 02.03.2024 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A.stands allowed and disposed of.

List this case in the week commencing 04.03.2024 to verify the factum of surrender by the appellant.

CC as per rules.

                            (ROHIT ARYA)                                     (BINOD KUMAR DWIVEDI)
                               JUDGE                                                 JUDGE

                          Aman