Chappan vs The State Of Madhya Pradesh
2024 Latest Caselaw 4052 MP

Madhya Pradesh High Court

Chappan vs The State Of Madhya Pradesh on 12 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 988 of 2022
                                          (CHAPPAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                Shri Vivek Kumar Mishra - Advocate for appellant No.1-Chhappan.

                                Shri Sushil Goswami - Advocate for appellant No.4- Bajranga @
                          Bajranglal.
                                Shri A.K. Nirankari - Public Prosecutor for the respondent/State.

Let factum of marriage of Anil claimed to be the son of appellant No.1-

Chappan S/o Pooniya be verified from the concerned police Station.

Heard on I.A. No.2511 of 2024, fourth application under Section 389 (1) Cr.P.C. filed on behalf of appellant No.4- Bajranga @ Bajranglal seeking interim suspension of sentence on the ground of marriage of his daughter- Lali.

Appellant No.4- Bajranga @ Bajranglal stood convicted under Sections 148, 302/149, 323/149 (four counts) and sentenced to undergo RI for one year with a fine of Rs.1000/-, imprisonment for life with a fine of Rs.5,000/- and RI for six months with a fine of Rs.1,000/- (on each count of offence under Sec tio n 323/149) respectively with default stipulations v i d e judgment of

conviction and order of sentence dated 30.12.2021 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act] Sheopur (M.P.) in SCATR/19/2018.

Learned counsel for appellant No.4 submits that marriage of daughter of appellant No.4, namely, Lali is going to be solemnized on 14.02.2024. He has placed on record the marriage card along with affidavit of his son bringing on record the factum of marriage. It is submitted that in the obtaining facts and circumstances, appellant No.4 be enlarged on interim bail.

Learned counsel for the State has verified the factum of marriage of daughter of appellant No.4 through concerned police station.

Taking into consideration the facts and circumstances of the case, appellant No.4- Bajranga @ Bajranglal is granted interim suspension of jail sentence to attend the marriage of his daughter. It is directed that the jail sentence of appellant No.4- Bajranga @ Bajranglal shall remain suspended temporarily. Accordingly, he be released on temporary bail on 13.02.2024 subject to his furnishing a 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 No.4- Bajranga @ Bajranglal shall

surrender o n 19.02.2024 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A. No.2511 of 2024 stands allowed.

List this case on 23.02.2024 to verify the factum of marriage of son of appellant No.1-Chhappan and to verify the factum of surrender by appellant No.4- Bajranga @ Bajranglal.

C.C. today.

                               (ROHIT ARYA)                               (MILIND RAMESH PHADKE)
                                  JUDGE                                            JUDGE

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