Amarpal @ Avnish Pratap vs The State Of Madhya Pradesh
2025 Latest Caselaw 131 MP

Madhya Pradesh High Court

Amarpal @ Avnish Pratap vs The State Of Madhya Pradesh on 1 April, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                                  1                                  CRA-5489-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                           CRA No. 5489 of 2023
                                      (AMARPAL @ AVNISH PRATAP AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-04-2025
                                 Shri Ayush Saxena- learned counsel for appellants.
                                 Shri B.P.S. Chauhan- learned Public Prosecutor for respondent-State.

Heard on I.A.No. 4901/2025, first application under Section 430 of the BNSS for temporary suspension of sentence and grant of bail moved on behalf of appellant No. 1 Amar Pal @ Avnish Pratap.

2. Present appellant stands convicted for the offence under Section 302 of the IPC and sentenced to undergo Life Imprisonment with fine of Rs. 2000/-, 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-, Section 307/149 of the IPC and sentenced to undergo ten years RI with fine of Rs. 2000/-, Section 148 of the IPC and sentenced to undergo one year RI with fine of Rs. 500/-, Section 25(1-B)(A) of the Arms Act and sentenced to undergo two years RI with fine of Rs. 1000/- and Section 27 of the Arms Act and sentenced to undergo three years RI with fine of Rs. 1000/- with default stipulations vide judgment of conviction and order of sentence dated 24/03/2023 passed by Second Additional Sessions Judge to the Court of First Additional

Sessions Judge, Datia (M.P.) in Sessions Trial No200081/2013.

3. Learned counsel for appellants prays for temporary suspension of sentence to present appellant No.1 on the ground of younger sister's marriage which is scheduled on 20/04/2025 at Lalitpur (U.P.). Therefore, he may be released for temporary suspension to attend the marriage ceremony of his sister.

4. Learned counsel for respondent/State verified the factum of marriage of sister of the appellant No.1.

2 CRA-5489-2023

5. Considering the aforesaid submissions and reasons, appellant No. 1 Amar Pal @ Avnish Pratap deserves to be released on temporary suspension. Accordingly, I.A.No.4901/2025 is hereby allowed. He is directed to be released on temporary suspension from 18/04/2025 till 21.04.2025 subject to furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

6. Appellant No 1 Amar Pal @ Avnish Pratap shall surrender on or before 22.04.2025 before the trial Court concerned.

7. It is made clear that during release, he shall not be a source of embarrassment and harassment to the complainant in any manner.

8. List the matter thereafter along with the surrender report before this Court for verification regarding his surrender.

9. Let a copy of this order be sent to the trial Court concerned for necessary compliance.

10. Record has already sent back to the Trial Court for recording evidence. Let scanned copy of record of the Trial Court be made available for perusal of this Court so that regular application for suspension of sentence and grant of bail may be heard.

List this matter after two weeks.

                                     (ANAND PATHAK)                                        (HIRDESH)
                                         JUDGE                                               JUDGE
                           Prachi