Balveer @ Bablu Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 6256 MP

Madhya Pradesh High Court

Balveer @ Bablu Meena vs The State Of Madhya Pradesh on 29 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 4040 of 2023
              (BALVEER @ BABLU MEENA Vs THE STATE OF MADHYA PRADESH)

Dated : 29-02-2024
      Shri Vijay Kumar Jha - Advocate for the appellant.

      Shri A.K. Nirankari - Public Prosecutor for the respondent-State.

Shri S.K. Tiwari - Advocate for the complainant.

Heard on IA. No.4264 of 2024, an application moved under Section 389(1) Cr.P.C. on behalf of the appellant for temporary suspension of sentence

and grant of bail to perform 13th day ceremony of his mother who is stated to have passed away on 22-02-2024.

Appellant stood convicted under Section 148 of IPC and sentenced to undergo 02 years' RI with fine of Rs.2,000/-, Section 302/149 of IPC and sentenced to undergo LI with fine of Rs.10,000/-, Section 307/149 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5,000/- and Section 323/ 149 of IPC and sentenced to undergo 06 months RI with fine of Rs.500/- with default stipulations respectively vide judgment of conviction and order of sentence dated 25-02-2023 passed by First Additional Sessions Judge, Guna in

ST No. 300403 of 2000.

Learned counsel for appellant submits that mother of the appellant has passed away on 22-02-2024 and her 13th Day Ceremony is scheduled to be performed on 04-03-2024 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 mother 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 mother.

It is directed that the jail sentence of the appellant shall remain suspended temporarily w.e.f. 02-03-2024 to 07-03-2024. Accordingly, he be released on bail on 02-03-2024 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 07-03-2024 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 13-03-2024 to verify the factum of surrender by the appellant.

     (ROHIT ARYA)                                             (BINOD KUMAR DWIVEDI)
        JUDGE                                                         JUDGE

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     VARSHA
     CHATURVEDI
     2024.03.01
     13:22:29 +05'30'