Kailash Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8910 MP

                                   1                               CRA-7645-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7645 of 2021
                  (KAILASH YADAV Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 16-12-2021
      Presumably due to call given by the Bar Association of Madhya

Pradesh High Court, Gwalior Bench, Advocates are abstaining from the
work, therefore, nobody appeared on behalf of the petitioner.
      I.A. No. 33225/2021, an application for urgent hearing, is taken up,
considered and allowed for the reasons mentioned therein.

      The appeal being arguable is admitted for final hearing.
      Record of the Court below be called.
      I.A. No. 33375/2021, an application under Section 389 (1) of CrPC
for suspension of jail sentence and grant of bail to the appellant, is taken up
and considered.
      This appeal has been filed against the judgment of conviction and
sentence dated 04/12/2021 passed by Special Judge [Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act] (in short "the SC/ST
Act"), Shivpuri in SCATR No. 200214/2016 by which the appellant has been

convicted under Section 457 of IPC, Section 354 of IPC read with Section
3(2)(va) of the SC/ST Act and Section 354-A (Central Amendment) of IPC
read with Section 3(2)(va) of the SC/ST Act and has been sentenced to
undergo rigorous imprisonment of one year with fine of Rs.1,000/-, rigorous
imprisonment of one year with fine of Rs.2,000/- and rigorous imprisonment
of one year with fine of Rs.2,000/- respectively with default stipulation.
      I t is submitted by the appellant Kailash Yadav in his application for
suspension of jail sentence that the trial Court has erred in passing the
impugned judgment of conviction and sentence contrary to law. Material
witnesses were interested witnesses and did not support the prosecution
story. It is further submitted that the appellant was on bail during trial and did
not misuse the liberty granted to him and trial Court has already suspended
the jail sentence of the appellant for a period of one month from the date of
                                            2                               CRA-7645-2021
       impugned judgment. Hence, prayed to suspend the jail sentence and grant of
       bail to him.
              Perused the materials available on record.
              Considering the fact that trial Court has already suspended the jail
       sentence of the appellant for a period of month as well as looking to the short

       period of jail sentence, without commenting on merits of the case, I.A. No.
       33375/2021 is hereby allowed. Subject to depositing of fine amount, if not
       already deposited, and on furnishing personal bond of Rs. 50,000/- (Rupees
       Fifty Thousand only) with one solvent surety of the like amount to the
       satisfaction of the concerned Court, the remaining jail sentence of the
       appellant shall remain suspended. The appellant is further directed to mark his
       appearance before the Office of this Court on 22/3/2021 and on subsequent
       dates given by the Office in this regard, till final disposal of this appeal.
              List the case for final hearing in due course.
              Certified copy/E-copy as per rules.

ALOK KUMAR
2021.12.16

13:56:17 (RAJEEV KUMAR SHRIVASTAVA) +05'30' 11.0.8 JUDGE

AKS