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At the time of mentioning the matter, he has submitted a letter addressed to the Hon’ble Chief Justice. He has stated therein that he had filed Criminal Appeal N.974 of 2018 before the Gwalior Bench of the High Court being aggrieved by the judgment of conviction and sentence passed by the trial Court for offence punishable under Section 376(2)(L) of the IPC. The appellant was sentenced to undergo R.I. for 10 years and fine of Rs.10,000/- and in default to further undergo R.I. for 2 years by the judgment dated 26.12.2017.
The appellant is in custody from 03.05.2016. His application for suspension of sentence was not considered by the court while indicating that the appeal itself should be taken up for final disposal. He addressed arguments and the appeal was heard and reserved for orders on 23.02.2024. He has stated in the letter that the mother of the appellant is on deathbed and the appellant intends to meet his mother. That in spite of making repeated requests, the judgment has not yet been pronounced.
Today, he submits that the mother of the appellant died on 09.04.2024 and the cremation is scheduled to be held today at 5:00 p.m. He also submits that there is no sitting for the concerned court today. Therefore, he requests the court to enlarge the appellant on temporary bail for 10 days to attend the funeral rites of his mother.
On considering the contentions, we are of the considered view that it would be just and appropriate to call for the records of the entire case before this Court in order to pass necessary orders in view of the fact that the funeral ceremonies are scheduled to be held today at 5:00 p.m., the Registry is directed to obtain the scanned copy of the file forthwith to enable the court to pass necessary orders.