High CourtsSingle Bench

Bharat Singh vs State Of M.P

Madhya Pradesh High Court · Decided on 14 April 2021 · Citation: (2021) 04 MP CK 0054

HON’BLE JUDGES
Shailendra Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389
RESULT
Allowed
CASE NUMBER
Criminal Appeal No.1114 Of 2017
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Judgment

14 paragraphs · 240 words

Heard on IA No.8695/2021, an application filed under Section 389 of Cr.P.C seeking temporary suspension of sentence of appellant Bharat Singh on the ground of death of father of appellant.

The conviction and sentence of appellant Bharat Singh is as under:-

Section

Imprisonment

Fine

Imprisonment in lieu of fine

302 of IPC

Life Imprisonment

50,000/-

Six months RI

Shri Meena, learned counsel for appellant submits that father of appellant died on 8/4/2021 and his last rituals are scheduled on 18/4/2021 and 19/4/2021. Appellant is the only son of his parents. Appellant may be permitted to attend the last rituals and he may be given temporary bail for a period of seven days.

Shri Amit Singh Sisodiya by placing reliance on an official communication received from local police station informed that appellant's father indeed died on 8/4/2021 and rituals as stated by Shri Meena are also scheduled on aforesaid dates.

Considering the aforesaid, application; IA No.8695/2021 is allowed and it is directed that appellant Bharat Singh shall be temporarily suspended for a period of seven days on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one local surety in the like amount to the satisfaction of trial Court and he shall surrender before the concerned trial Court on the expiry of the aforesaid period of seven days, failing which the trial Court shall seek recourse of measure as prescribed under Cr.P.C

c.c as per rules.