Balveer Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8549 MP

                                 1                       CRA 7358/2021

            The High Court Of Madhya Pradesh

                         CRA No. 7358 of 2021
   (BALVEER YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated:09.12.2021
         Shri Prasum Kumar Maheshwari, learned counsel for the

appellants.

         Shri Nirmal Sharma, learned Public Prosecutor for the

respondent/State.

Heard on I.A.32818/2021 under Section 389 of Cr.P.C. filed by

appellant No.1 Balveer Yadav, appellant No.Ramcharan Yadav and

appellant No.3 Collector Yadav for suspension of sentence and grant

of bail.

Vide judgment dated 12.11.2021 passed by learned Special

Judge, S.C.S.T.(Prevention of Atrocities) Act, Vidisha (M.P.) in Special

Case No.21/2017, the appellants have been convicted and sentenced as

under:

Appellant No.1 Balveer Yadav

Section Sentence Fine In default stipulation 452 of IPC 1 years RI Rs.1,000/- 30 days 3(1)(s) of 6 months Rs.500/- 15 days SC/ST Act

Appellant No.2 Ramcharan Yadav

Section Sentence Fine In default stipulation 452 of IPC 1 years RI Rs.1,000/- 30 days 323 of IPC 6 months RI Rs.500/- 15 days 3(2)(v-a) 6 months Rs.500/- 15 days of SC/ST Act 2 CRA 7358/2021

3(1)(S) of 6 months Rs.500/- 15 days SC/ST Act

Appellant No.3 Collector Yadav

Section Sentence Fine In default stipulation 452 of IPC 1 year RI Rs.1,000/- 30 days 325 of IPC I year RI Rs.1,000/- 30 days 3(2)(v-a) 1 year RI Rs.1,000/- 3- days of SC/ST Act 3(1)(S) of 6 months Rs.500/- 15 days SC/ST Act

It is submitted by the learned counsel for the appellants that the

appellants were on bail during trial. They have not misused the liberty

granted to them. The fine amount has been already deposited.

Conclusion of the trial will take considerable time. Therefore,they

pray for grant suspension of sentence to the appellants.

Learned counsel for the State counsel has opposed the

application and prays for its rejection.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and the fact that the disposal of the

appeal will take its own time, without commenting upon the merits of

the case, it would be appropriate to accept the application of the

appellants.

Consequently, I.A.32818/2021. is hereby allowed.

If the appellants furnishes a bail bond and deposits the fine

amount (if not already deposited) in the sum of Rs.50,000/- (Rupees 3 CRA 7358/2021

fifty thousand Only) each along with one surety bond each of the

like amount to the satisfaction of the trial Court and undertakes that

they will appear before the Registry of this Court on 21.04.2022 and

on subsequent dates given by the office for their appearance till the

disposal of the present appeal, then the appellants shall be released on

bail and execution of jail sentence is suspended till the disposal of this

appeal.

Certified copy as per rules/directions.

                                                     (Deepak Kumar Agarwal)
mani                                                       Judge


  SUBASRI MANI
  2021.12.10
  10:54:39
  -08'00'