Mahendra Lodhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8473 MP

                                                                      1                             CRA-7217-2021
                                          The High Court Of Madhya Pradesh
                                                   CRA No. 7217 of 2021
                                             (MAHENDRA LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 08-12-2021
                                        Shri A.K. Kurmi, counsel for the appellants.

                                        Shri Devendra Shukla, P.L. for the respondent No.1 / State.

On payment of P.F. within seven days, notice be issued to the respondent No.2. Notice be made returnable within three weeks.

Learned counsel for the State is also directed to comply with the

provision of Section 15(A)-III of the SC/ST (Prevention of Atrocities) Act.

Office is directed to call for the record.

Heard on I.A.No.21374/2021, which is an application under Section 389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Mahendra Lodhi & Bharat Lodhi and released them on bail.

This appeal has been preferred against the judgment dated 09/11/2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Sagar in SCATR No.200025/2016 whereby learned Special Judge found appellants guilty for the offences punishable under Section 323 read with

Section 34 of IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and sentenced them to undergo R.I. for six months with fine of Rs.500/- each and R.I. for one year with fine of Rs.500/- each respectively with default stipulation.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 08/12/2021. The 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.

On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellants is proved beyond Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.09 11:04:00 IST 2 CRA-7217-2021 reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants.

Looking to the facts and circumstances of the case and the fact that trial Court has already suspended the jail sentence of the appellants till 08/12/2021, as an interim measure it is directed that the execution of the jail

sentence alone passed against the appellants shall remain suspended untill further orders and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 17.01.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the case after four weeks alongwith the record for consideration of I.A.No.21374/2021 as well as for admission.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.09 11:04:00 IST