Vijay Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9168 MP

                                 1                               CRA-7711-2021
       The High Court Of Madhya Pradesh
                CRA No. 7711 of 2021

(VIJAY SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 23-12-2021 Mr. Deepak Sahu, learned counsel for the appellant.

Ms. Vibha Pathak, learned Panel Lawyer for the State. Record of Court below is not available.

Heard on I.A. No.23162/2021 which is an application for urgent hearing of case during winter vacation.

Considering the grounds mentioned in the application, I.A. No.23217/2021 is allowed.

Heard on admission.

This appeal seems arguable, therefore, admitted for hearing. Also heard on I.A. No.22418/2021 an application under Section 389(1) of the Cr.P.C. suspension of sentence and grant of bail to the applicant/appellant - Vijay Singh.

B y impugned judgment dated 07.12.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities Act) 1989, District Sehore,

(M.P.) in Special Case No.196/2016. The appellant has been convicted under Section 324 of I.P.C. read with Section 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. The appellant has been granted bail by the Court below till 07.01.2022. Fine amount has already been deposited by the appellant. The final disposal of instant appeal would take considerable time. Therefore, substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has opposed the prayer for 2 CRA-7711-2021 bail.

Looking to the sentence awarded against the appellant, without commenting upon the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of

Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant - Vijay Singh shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 07.04.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

Accordingly, I.A.No.22418/2021 is allowed. Record of Court below be requisitioned. List this case for final hearing in due course.

(SMT. ANJULI PALO) V. JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2021.12.23 15:04:14 IST