Dinesh And Others vs State Of Madhya Pradesh @RESPONDEN

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on I.A. No.5235/2020, which is an application for interim suspension of sentence and grant of bail to the appellants on the ground of marriage in their family.

This appeal has been preferred against the judgment dated 28/6/2018 passed by Additional Sessions Judge, Karera, District Shivpuri in S.T. No.51/2016, whereby the appellants have been convicted under section 302/149 of the IPC and sentenced to undergo imprisonment for life with fine of Rs.3000/- in default to suffer 3 months' R.I. and also under section 148 of the IPC to undergo R.I. for 1 year with fine of Rs.1000/- in default to suffer R.I. for 1 month.

Learned counsel for the appellants submits that marriage of Sapna Jha, daughter of appellant no.3 and sister of appellant nos. 1 and 2 is scheduled to be solemnized on 30/6/2020 and, therefore, presence of appellants is required in the marriage to perform the essential sacred rites.

In response, learned Dy.A.G. submitted that although the factum of marriage is verified, yet at the most presence of appellant no.3 who is father of the bride would be necessary in the marriage. Attention has also been invited to the fact that one more son of appellant no.3, who is not in custody, is already there to assist him.

Taking into consideration the overall facts and circumstances of the case, this Court deems it fit to extend the benefit of interim suspension of custodial sentences to appellant no.3 Raju alias Harish Chand Jha for a period of one week from today.

It is, accordingly, directed that if appellant no.3 namely Raju alias Harish Chand Jha deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) to the satisfaction of CJM, Shivpuri, sentences of imprisonment awarded to him shall remain suspended and he shall be released on bail for a period of one week from today. The appellant shall surrender before CJM, Shivpuri on 4/7/2020 for being committed to custody for serving out the remaining part of his sentence. The appellant shall install Aarogya Setu App (if not already installed) in his mobile phone and also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

Let report with regard to surrender be placed on record.

List this case in the week commencing 6/7/2020.

The I.A., so far as it relates to appellant nos. 1 and 2 namely Dinesh Jha and Girraj Jha respectively, stands rejected.

Learned Dy.A.G. is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy/e-copy today.