Madhya Pradesh High Court

Ramveer vs The State Of Madhya Pradesh on 3 May, 2024

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 4674 of 2022
                 (RAMVEER AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-05-2024
      Shri Amit Kumar Goswami - Advocate for appellants.

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

A t the outset, counsel for the appellant prays for withdrawal of the I.A.No.8753 of 2024, first application under Section 389 (1) of Cr.P.C. filed on behalf of appellant No.2- Ramlakhan Rathore seeking interim suspension of custodial sentence to attend 13th day ceremony of his mother who has died on

23.04.2024.

Prayer is allowed. I.A.No.8753 of 2024 is dismissed as withdrawn. Also heard on I.A. No. 8409 of 2024, second application under Section 389 (1) of Cr.P.C. filed on behalf of appellant No.1-Ramveer Rathore seeking interim suspension of custodial sentence to attend 13th day ceremony of his mother who has died on 23.04.2024.

The appellant stands convicted under Section 302/34 of IPC (on four counts) and sentenced to suffer life imprisonment with fine of Rs.1000/- for each count, under section 307/34 of IPC and sentenced to undergo life

imprisonment with fine of Rs.1000/-, under section 436/34 of IPC and sentenced to undergo five years of R.I. with fine of Rs.1,000/- with default stipulation vide judgment of conviction and order of sentence dated 29.01.2022 passed by Fourth Additional Sessions Judge, District Shivpuri in Sessions Trial No.01 of 2017.

Learned counsel for appellant submits that mother of the appellant has passed away on 23.04.2024 and her 13th Day Ceremony is scheduled to be

performed on 05.05.2024, 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 No.1-Ramveer Rathore is granted temporary suspension of sentence to attend the 13th Day Ceremony of his mother.

I t is directed that the jail sentence of the appellant No.1 shall remain suspended temporarily w.e.f. 04.05.2024 to 13.05.2024. Accordingly, he be

released on bail on 04.05.2024 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 No.1 is directed to surrender before the trial Court on 14.05.2024 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 20.05.2024 to verify the factum of surrender by the appellant No.1.



                      (RAJENDRA KUMAR-IV)                                          (MILIND RAMESH PHADKE)
                             JUDGE                                                          JUDGE

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PAWA
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        Date: 2024.05.03 17:51:20 +05'30'