Gajendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 8820 MP

                                                                     1                                CRA-7278-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 7278 of 2021
                                          (GAJENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                 Jabalpur, Dated : 14-12-2021
                                       Shri M.P. Tripathi, learned counsel for the appellants.

                                       Shri Sunil Guta, learned 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.21499/2021, which is an application under Section 389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Gajendra, Gaurav Arora and Pram released them on bail.

This appeal has been preferred against the judgment dated 18/11/2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Burhanpur in SCATR No.21/2018 whereby learned Special Judge found appellants guilty for the offences punishable under Section 353/34 of IPC and

sentenced them to undergo R.I. for six months with fine of Rs.500/- each with default stipulation.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 17/12/2021. 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 reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants.

Signature Not Verified
  SAN




Digitally signed by MANOJ NAIR
Date: 2021.12.14 17:52:41 IST
                                                                    2                             CRA-7278-2021
                                       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 17/12/2021, 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 24.01.2022 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.21499/2021 as well as for admission.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.12.14 17:52:41 IST