Madhya Pradesh High Court
Chauw @ Rahu vs The State Of Madhya Pradesh on 30 June, 2021
Author: Rohit Arya
1 CRA-3624-2021
The High Court Of Madhya Pradesh
CRA-3624-2021
(CHAUW @ RAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Indore, Dated : 30-06-2021
Heard through Video Conferencing.
Ms. Sonali Goyal, learned counsel for the appellant.
Shri P. Ranka, learned for the respondent/State.
Let record of the Courts below be called for.
Heard on I.A.No.15254/2021, an application under section 389(1)
Cr.P.C., for suspension of sentence and grant of bail on behalf of the
appellant.
The appellant has been convicted under Sections 341, 294, 323, 325 of
IPC and under Section 3(1)(s), 3(2)(V-a) of SC/ST (P.A.) Act.
The appellant has been sentenced to undergo only for the offence
under Sections 325 of IPC and under Section 3(1)(s), 3(2)(V-a) of SC/ST
(P.A.) Act and awarded sentence one year RI with fine of Rs.1,000/-, 6
months SI with fine of Rs.200/- and One month SI with fine of Rs.500/- with
default stipulation respectively, vide judgment dated 16.06.2021 passed by
Special Judge (SC/ST) , West Nimar, Mandleshwar in Special Case SC ATR
No.19/2017.
I t is submitted that learned trial Court has wrongly convicted the
appellant. The learned trial Court has not properly appreciated the evidence.
The appellant was on bail during trial and he has not misused the liberty and
the trial Court has already suspended the sentence till today i.e. 10.07.2021.
The disposal of appeal will take time, hence prayed for suspension of
execution of jail sentence.
The prayer is opposed by the State's counsel.
Taking into consideration that the appellant was on bail and he has not
misused the liberty, the disposal of appeal will take time, subject to depositing
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
the fine amount (if not already deposited), the application is allowed. It is
Date: 2021.07.03
11:35:11 IST
2 CRA-3624-2021
directed that the jail sentence of the appellant shall remain suspended and he
be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rs.Fifty thousand only) with one solvent surety in the like
amount to the satisfaction of the trial Court. The appellant is directed to
appear before the Registry of this Court on 28.07.2021 and on other
subsequent dates as may be fixed in this behalf with following further
conditions:
(i) the concerned jail authorities are directed that before releasing the
appellants, the medical examination of the appellants be conducted through
the jail doctor and if it is prima facie found that they are having any symptoms
of COVID-19, then the consequential follow up action or any further test
required be undertaken immediately. If not, the appellants shall be released on
bail in terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands disposed of.
List in due course.
E-Certified copy as
(ROHIT ARYA)
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2021.07.03
11:35:11 IST
