Gopal Singh Gour vs The State Of Madhya Pradesh
2021 Latest Caselaw 8921 MP

                                                                        1                              CRA-6717-2021
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 6717 of 2021
                                           (GOPAL SINGH GOUR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                       Jabalpur, Dated : 16-12-2021
                                             Shri Jagdish Prasad Singrol, Advocate for the appellants.

                                             Shri Amit Bhurrak, panel lawyer for the respondent/State.

Heard on the question of admission.

Appeal appears to be arguable hence it is admitte d for final hearing.

Record of the trial Court is received.

Heard on I.A.No.19965/2021, this is the first application for suspension of jail sentence and grant of bail moved by the appellants is taken up and considered.

T hi s Criminal appeal assails the judgment dated 01.11.2021 passed in Special Case (Atr.) No.200029/2016 by the Special Judge (Atrocities), Tikamgarh; whereby the appellant no.1 has been convicted and sentenced under Section 324 of the Indian Penal Code and Section 3 (2) (5 Ka) of SC/ST (Prevention of Atrocities) Act for 6 months R.I. and

fine of Rs.1,000/-, with default stipulation and the appellants no.2 and 3 have been convicted and sentenced under Section 324/34 of the Indian Penal Code and Section 3 (2) (5 Ka) of SC/ST (Prevention of Atrocities) Act for 6 months R.I. and fine of Rs.1,000/- with default stipulations.

It is seen from the records that this Court vide order dated 16.11.2021 has observed as under:-

However, considering the fact that the trial Court suspended the sentence of the appellants till 29/11/2021, suspension granted by the trial Court is further extended for a month, i.e. till 29/12/2021 on the same terms and conditions, Signature Not Verified SAN subject to consent of the sureties submitted before the trial Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.12.17 11:07:24 IST 2 CRA-6717-2021 Court itself.

Learned counsel for the appellants submits that sentence has already been suspended by the trial Court up to 29.11.2021 and this Court has extended the same till 29.12.2021. The amount of fine has already been deposited in the trial Court.

In view of the said facts and that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellants by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.19965/2021 is allowed and it is directed that the jail sentence of the appellants will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellants furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety each in the like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 29.07.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.12.17 11:07:24 IST