Citation : 2021 Latest Caselaw 1212 MP
Judgement Date : 1 April, 2021
1 CRA-1783-2021
The High Court Of Madhya Pradesh
CRA-1783-2021
(RAJKUMAR @ SOOT Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 01-04-2021
Mr. Vikas Jyotishi, learned counsel for the appellant.
Ms. Sonali Biswas, learned Panel Lawyer for the respondent/State.
I.A. No.5620/2021 is dismissed as withdrawn as prayed by learned counsel for the appellant.
Service of notice on the respondent No.2 is still awaited. However, as
the appellant has not been convicted under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, I.A. No.4327/2021 is taken up for consideration.
This is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 06.03.2021 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Chhindwara in Special Case No.200193/2016 for offence punishable under Sections 323 (on three counts) and 325 of the Indian Penal Code and sentenced to pay a fine of Rs.250/- (on each count)
and to undergo R.I. for three years with fine of Rs.500/-, respectively and default stipulation.
Learned counsel for the appellant submits that the trial Court has not considered the evidence on record properly. It is further contended that the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.
Learned Panel Lawyer for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant, without commenting upon the merits of the case, I.A. No.4327/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/-
2 CRA-1783-2021 (Rupees Thirty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Rajkumar @ Soot shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 31.08.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of
this appeal.
Accordingly, I.A.No.4327/2021 stands disposed of. Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing. List the case for hearing in due course.
(SMT. ANJULI PALO) JUDGE
ks
Signature Not Verified SAN
Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.04.01 17:16:32 IST
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