Purushottam Rathore vs State Of Madhya Pradesh

Heard on I.A. No.6900 of 2023, fifth application under Section 389 (1) Cr.P.C. filed on behalf of appellant seeking interim suspension of sentence on the ground of marriage of his daughter - Nandini.

Appellant stands convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/- with default stipulations vide judgment dated 7.8.2018 passed by Sessions Judge, Gwalior in Sessions Trial No.395 of 2014.

Learned counsel for the appellant submits that marriage of his daughter, namely, Nandini is going to be scheduled from 21st April, 2023 to 24th April, 2023. He has placed on record the marriage card along with affidavit bringing on record the factum of marriage. It is submitted that in the obtaining facts and circumstances, appellant be enlarged on interim bail.

Learned counsel for the State has verified the factum of marriage of daughter of the appellant through the concerned police station.

Taking into consideration the facts and circumstances of the case, appellant is granted interim suspension of jail sentence to attend the marriage of his daughter. It is directed that the jail sentence of appellant shall remain suspended temporarily from 21st April 2023 to 25th April 2023 . Accordingly, he be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court. He shall surrender on or before expiry of said period i.e. on 26th April 2023 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A.stands allowed and disposed of.

List this case on 28.4.2023 to verify the factum of surrender by appellant.

CC as per rules.