Dharmendra @Lallu Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 4539 MP

                                                                      1                           CRA-4717-2021
                                          The High Court Of Madhya Pradesh
                                                     CRA-4717-2021
                                  (DHARMENDRA @LALLU PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                  1
                                  Jabalpur, Dated : 23-08-2021
                                        Heard through Video Conferencing.
                                        Shri Yogesh Singh Baghel, learned counsel for the appellants.
                                        None for the respondent-State.

Office is directed to call for the record.

On payment of PF within one week, issue notice to the respondent

No.2-complainant, returnable on three weeks.

State is also directed to comply with the provision of Section 15-A(iii) of SC/ST (Prevention of Atrocities) Act.

Heard on I.A.No.14616/2021, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Dharmendra @ Lallu Pandey & Pushpendra Pandey.

This appeal has been preferred against the judgment dated 03/08/2021 passed by Special Judge (Prevention of Atrocities) Act, Shahdol in Special Case No.53/2017, whereby learned Special Judge found the appellants guilty

for the offence punishable under Section 323 (two count) of IPC and Section 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act and sentence them to undergo R.I. for six months with fine of Rs.500/- each and R.I. for six months with fine of Rs.500/- each with default clause.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 04/09/2021. Learned trial Court without appreciating the evidence properly, wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal is likely to take long time. Signature Not Verified SAN I t appears from the record that learned trial Court has already

Digitally signed by ANURAG SONI Date: 2021.08.23 16:37:33 IST 2 CRA-4717-2021 suspended the jail sentence of the appellants till 04/09/2021. So, as an interim measure it is directed that the execution of the jail sentence alone passed against the appellants shall remain suspended up to 27.09.2021 and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court.

Office is directed to list the matter along with the record on 27.09.2021 for consideration of I.A. No.14616/2021.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.08.23 16:37:33 IST