Ramavtar vs The State Of Madhya Pradesh
2024 Latest Caselaw 28085 MP

Madhya Pradesh High Court

Ramavtar vs The State Of Madhya Pradesh on 4 October, 2024

                                                             1                             CRA-11127-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 11127 of 2024
                                              (RAMAVTAR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 04-10-2024
                                 Shri Anshu Gupta - Advocate for the appellant.
                                 Shri Samar Ghuraiya - Public Prosecutor for the respondent/State.

Heard on I.A. No.21544 of 2024, application under Section 389 (1) of Cr.P.C. filed on behalf of appellant- Ramavtar seeking interim suspension of custodial sentence on the ground of death of her grand mother.

The appellant stands convicted under Section 20(b)(2)(B) of NDPS Act and sentenced to suffer three years' rigorous imprisonment with fine of Rs.5000/- with default stipulation vide judgment of conviction and order of sentence dated 23.09.2024 passed by Special Judge, NDPS Act, Sheopur in SC NDPS 05/2022.

Learned Counsel for appellant submits that grand mother of the appellant has expired on 25.09.2024 and her thirteenth day rites are to be performed on 05.10.2024. It is submitted that in the obtaining facts and circumstances, the appellant may be enlarged on interim bail.

Learned Public Prosecutor has verified the factum of death of grand mother of appellant.

Taking into consideration the facts and circumstances of the case, appellant is granted interim suspension of jail sentence to attend thirteenth day rituals. It is directed that jail sentence of appellant shall remain suspended temporarily. Accordingly, he be released on temporary bail on

2 CRA-11127-2024 05.10.2024 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 on 14-10-2024 before the Court concerned under intimation to the Registry of this Court through his Counsel.

Accordingly, the I.A. stands allowed and disposed of.

(RAJENDRA KUMAR VANI) JUDGE

Monika