Bhawarlal @ Lakadhara vs State Of Madhya Pradesh

Prem Narayan Singh, J

1.Heard on I.A. No. 7272/2024, an application filed under Section 5 of Limitation Act for condonation of delay in filing the appeal.

The appeal is barred by 36 days.

For the reasons assigned in the application, application is allowed and delay of 36 days in filing the appeal is hereby condoned.

Heard on I.A. No.7271/2024 , an application under Section 389(1) of Cr.P.C. for temporary suspension of sentence moved on behalf of appellant on the ground of marriage of son of the appellant.

Appellant has been convicted under Section 326 & 307 of IPC and sentenced to undergo for 05-05 years R.I. with fine of Rs.2,500/- & Rs.2,500/-and default stipulations.

Learned counsel for the appellant submitted that the marriage of son of the appellant is going to be solemnized on 09 May, 2024 and rituals of marriage will start from 05.05.2024 till 10.05.2024. Being father, presence of the appellant is very much necessary as per hindu rituals of marriage. Hence, on this grounds, he prays for grant of temporary bail to the appellant for 30 days.

On the other hand, counsel for the State has opposed the prayer and submitted that the factum of marriage of son has not been verified.

Considering the reasons assigned by the appellant in the application and in view of the facts and circumstances and factual matrix of the case, the application for temporary suspension is allowed.

The sentence of the appellant is temporarily suspended for a period of 15 days from the date of his release after verification of marriage of son of the appellant by the trial Court subject to furnish cash security of Rs.25,000/- (Rupees Twenty five thoudsand only) before the trial Court as well as on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees One thousand only) with two local sureties in the sum of Rs.25,000/- (Rupees Twenty five thousand only) each in the like amount to the satisfaction of trial Court, and an undertaking that he will surrender himself on completion of 15 days for serving the remaining jail sentence. In case of non-surrender, the learned trial Court shall be free to take any coercive action against the appellant to ensure his surrender before the trial Court. It is also made clear that after surrendering the appellant before the Court the cash security may be withdrawn by the concerning person as per rules from the trial.

A copy of this order be sent to the learned Court below concerned for information and necessary compliance.

Accordingly, application stands disposed of.

Ceritified copy today.