Citation : 2024 Latest Caselaw 6254 MP
Judgement Date : 29 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2030 of 2024
(JANAK SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri A.K. Jain - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for the respondent-State.
Heard on I.A. No.3930 of 2024, an application under Section 389 (1) of Cr.P.C. filed on behalf of the appellant seeking interim suspension on the ground of marriage of his sister on 04-03-2024.
The appellant stood convicted under Section 376-AB of IPC and sentenced to undergo LI with fine of Rs.20,000/-, Section 452 of IPC and sentenced to undergo 07 years' RI with fine of Rs.5,000/- and Section 450 of IPC and sentenced to undergo 07 years' RI with fine of Rs.5,000/- with default stipulations respectively vid e judgment of conviction and order of sentence dated 29-08-2023 passed in SPL Case No.15/2020.
Learned Counsel for appellant submits that marriage of younger sister of the appellant is scheduled on 04-03-2024 and he is the elder brother so he has to perform some rituals in her marriage. Under such circumstances, prayer is
made for temporary suspension of sentence of the appellant.
Learned Public Prosecutor has verified the factum of marriage of sister of the appellant.
Taking into consideration the facts and circumstances of the case, appellant- Janak Singh is granted interim suspension of jail sentence to attend the marriage of his sister scheduled on 04-03-2024. It is directed that jail sentence of the appellant shall remain suspended temporarily. Accordingly, he be released on temporary b ail on 01-03-2024 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 Trial Court. He shall surrender o n 07-03-2024 before the Court concerned under intimation to the Registry of this Court through her Counsel.
Accordingly, the I.A. stands allowed and disposed of. List this case in the week commencing 13-03-2024 to verify the factum of surrender by the appellant.
C.C. today.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2024.02.29
18:17:16 +05'30'
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