Madhya Pradesh High Court

Sodan Singh vs The State Of Madhya Pradesh on 1 May, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                            1                              CRA-12039-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                   CRA No. 12039 of 2024
                                      (SODAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                               Shri Anirudh Saxena - Advocate for the appellants.

                               Shri Santosh Singh Thakur - Govt. Advocate for the respondent/State.

Heard on I.A. No. 5198/2025, and I.A. No.5297/2025, applications under Section 430 of BNSS, 2023 moved on behalf of the appellants - Kamal Singh and Sodan Singh seeking temporary suspension of sentence on the ground of marriage of son of appellant no.2 - Kamal Singh which scheduled between 01.05.2025 to 02.05.2025.

The appellants have been convicted under Sections 307, 323/34 452 of IPC and sentenced to undergo 05 years RI with fine of Rs.2000/- each, 01 month R.I. and 01 year R.I. with fine of Rs. 1,000/- each , with default stipulation by judgment of conviction and order of sentence dated 23.09.2024 passed by the Sessions Judge Shajapur, District Shajapur in S.T.No. 195/2023.

Learned Counsel for appellants submits that appellant Sodan

Singh remained in judicial custody from 25.06.2023 to 07.11.2023 and appellant Kamal singh remained in judicial custody from 25.08.2023 till 04.09.2023. They were on bail during trial and have not misused the liberty so granted. Thereafter they are undergoing the sentence of imprisonment from the date of passing of impugned judgment i.e. 23.09.2024. Learned counsel further submits that appellant no.1 and 2

2 CRA-12039-2024 are real brothers and the marriage of son of the appellant no.2 - Kamal Singh is going to be solemnized on 01.05.2025 and 02.05.2025. Therefore, applications for temporary suspension of both the appellants may be considered to attend the marriage of son of appellant no.2 - Kamal Singh.

Learned Counsel for respondent/State submits that as per the verification report, factum of marriage of son of appellant no.2 - Kamal Singh as been duly verified.

Heard both the parties and perused the verification report. Considering all the facts and circumstances of the case as well as the verification report, this Court is inclined to grant temporary

suspension of sentence of imprisonment for a period of 15 days to appellant.

Accordingly, I.A. No. 5198/2025 and I.A. No.5297/2025 for temporary suspension of sentence and grant of bail is allowed and it is hereby directed that jail sentence of appellants - Sodan Singh and Kamal Singh shall remain suspended and they be released on temporary bail for a period of 15 days (fifteen days) from the date of their release, on their furnishing personal bond of Rs.1,00,000/- (Rupees one lac only) each with one solvent surety of the same amount each to the satisfaction of the Court concerned. The appellants shall surrender before the trial Court on or before expiry of aforesaid period of 15 days. They shall be directly remitted back to the jail custody to undergo remaining part of the jail

3 CRA-12039-2024 sentence. Necessary papers regarding surrender of the appellants be furnished to this Court. In case of failure to comply the order within 03 days, this order of suspension of sentence shall automatically stand cancelled and in case of failure to surrender, warrant of arrest shall be issued, with forfeiture of personal bond and surety bond.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE