Rambaks Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 6713 MP

Madhya Pradesh High Court

Rambaks Jatav vs The State Of Madhya Pradesh on 5 March, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 4426 of 2023
                                        (RAMBAKS JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-03-2024
                                 Shri Rajeev Sharma - Advocate for the appellant.

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

Heard on I.A.No.4554 of 2024, second repeat application under Section 389 Cr.P.C. filed on behalf of appellant No.3 - Mohar Singh seeking temporary suspension of sentence and grant of bail to perform 13th day

ceremony of his father who is stated to have passed away on 25-02-2024.

Appellant stood convicted under Section 341 of IPC with fine of Rs.500/-, Section 147 of IPC and sentenced to undergo six months' R.I. with fine of Rs.500/-, Section 302/149 of IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000/- with default stipulations respectively vide judgment of conviction and order of sentence dated 17-02- 2023 passed by Third Additional Sessions Judge Joura District Morena in ST No. 163/2015.

Learned counsel for appellant submits that father of the appellant has

passed away on 25-02-2024 and his 13th Day Ceremony is scheduled to be performed on 08-03-2024 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 father 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 father.

It is directed that the jail sentence of the appellant shall remain suspended temporarily w.e.f. 07-03-2024 to 10-03-2024. Accordingly, he be released on bail on 07-03-2024 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 11-03-2024 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 18-03-2024 to verify the factum of surrender by the appellant.

                              (ROHIT ARYA)                                     (BINOD KUMAR DWIVEDI)
                                 JUDGE                                                 JUDGE

                           ojha