Nandkishore Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8397 MP

                                                                      1                             CRA-7334-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 7334 of 2021
                                             (NANDKISHORE YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Jabalpur, Dated : 07-12-2021
                                          Shri Surya Kumar Patel, learned counsel for the appellant.

                                          Shri Ajay Shukla, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Considering the fact that the appeal involves arguable point, it is admitted for hearing.

Record of the Court below be called for.

Also heard on I.A. No.21613/2021, which is the first application under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

Vi d e the impugned judgment dated 25.11.2021 passed by the Special Judge (Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Panna in Special Case No.198/2016, the appellant has been convicted for the offence punishable under Sections 3(1)(dha) and 3(2)(5ka) of the SC/ST Act and sentenced thereunder to

suffer S.I. for six months with fine of Rs.500/-; in default further S.I. for one month.

Learned counsel for the appellant submits that the trial Court has suspended the jail sentence of the appellant till 24.12.2021. He submits that considering the fact that the appeal would take time to be heard finally, the application for suspension of sentence and grant of bail to the appellant deserves to be allowed.

Shri Shukla, learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the application.

Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow the application of Signature Not Verified

suspension of sentence and grant of bail to the appellant. Accordingly, SAN

Digitally signed by SATYA SAI RAO Date: 2021.12.07 18:00:02 IST 2 CRA-7334-2021 I.A. No.21613/2021 is allowed.

It is directed that on appellant's depositing the fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like

amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 24.03.2022 and on such other dates as may be fixed by the Registry in this regard.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

rao

Signature Not Verified SAN

Digitally signed by SATYA SAI RAO Date: 2021.12.07 18:00:02 IST