High CourtsDivision Bench

Ramkaran Alias Kalli Gurjar And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 January 2026 · Citation: (2026) 01 MP CK 1807

HON’BLE JUDGES
Anand Pathak, J · Dwarka Dhish Bansal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1)
CASE NUMBER
Criminal Appeal No. 398 Of 2026
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Judgment

29 paragraphs · 335 words

Heard o n I.A.No.966/2026, first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of interim bail on behalf of appellant No.3 - Jai Singh Gurjar on the ground of death of his wife -Smt. Indrakunwar, who died on 12/01/2026 during treatment.

This criminal appeal assails the judgment of conviction and order of sentence dated 17/12/2025 passed in ST No.348/2023 by IIIrd Additional Sessions Judge, District-Morena whereby present No.3 - Jaisingh Gurjar has been convicted as under:

Section

Imprisonment

Fine

Default

148 IPC

02-02 Years' RI

1000-1000/-

03-03 months' RI

450 IPC

05-05 Years' RI

1000-1000/-

03-03 months' RI

307/149(3 counts) IPC

10-10 Years' RI

2000-2000/-

06-06 months' RI

302/149 IPC

Life Imprisonment

5000-5000/-

06-06 months ' RI

It is the submission of counsel for the appellants that wife of appellant No.3 has expired on 12/01/2026 and her 13th day Ceremony is scheduled on 23/01/2026 and being husband, present appellant has to perform last rites/ rituals of his wife, therefore, he may kindly be granted interim suspension for a period of 10 days so that he can attend 13th day Ceremony of his wife.

Factum regarding death of wife of appellant No.3 has been verified by the State counsel.

Considering the aforesaid submissions, I.A.No.966/2026 is hereby allowed. If appellant No.3-Jai Singh Gurjar furnishes a bail bond in the sum of Rs.20,000/-(Rupees Twenty Thousand Only) along with one surety bond of the like amount to the satisfaction of the concerned trial Court/CJM Court, then his remaining jail sentence shall remain temporary suspended and he shall be released on temporary bail immediately from 21/01/2026 to 28/01/2026. Present appellant No.3 shall surrender on or before 28/01/2026 before the concerned Sessions Court/ Remand Court/ Vacation Court and surrender report shall be sent to this Court about the said fact.

I.A.No.966/2026 stands disposed of.

Copy of this order be sent to the trial Court concerned for necessary compliance.

List this case in the week commencing 02/02/2026 for verification regarding surrender by present appellant.

Certified copy today.