Bhupendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 7360 MP

                                                                    1                            CRA-6523-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 6523 of 2021
                                        (BHUPENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 1
                                 Jabalpur, Dated : 12-11-2021

                                       Shri Sanjay Sharma, learned counsel for the appellants.
                                       Shri    Rahul    Tripathi,       learned   Panel   Lawyer      for   the
                                 respondent/State.

Heard on admission as well as o n I.A.No.19462/2021, an application for suspension of sentence and grant of bail.

The appellant No.1 has been convicted under Sections 323/34 , 3(1)(x) of SC/ST Act and sentenced to undergo rigorous imprisonment for a period of 4 months and 1 years respectively with fine of Rs.1,000/- and Rs.2,000/-. Appellant Nos.2 and 3 have been convicted under Sections 323/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for a period of four months with fine of Rs.1,000/-, with default stipulations by the Special Judge (Atrocities), Balaghat vide judgment dated 30.09.2021 passed in Special Sessions Trial No.06/2016.

Issue notice on both to the victim on payment of process fee within seven working days, both by registered as well as ordinary modes.

I n the meanwhile, the State is also directed to inform the victim about the pendency of this appeal as well as an application under Section 389(1) of Cr.P.C.

Learned counsel for the appellants submits that custodial awarded sentence of the appellants has already been suspended by the trial Court under Section 389 (3) of Cr.P.C. till 13.11.2021 and he prays that suspension of the appellants custodial awarded sentence be further extended for 60 days w.e.f. 13.11.2021.

Since the notice has not been served on the victim, the prayer made

Signature Not Verified SAN by the counsel for the appellant is allowed.

Digitally signed by SMT POONAM MANEKAR Date: 2021.11.12 18:21:14 IST 2 CRA-6523-2021 Suspension of jail sentence of the appellant granted by the trial Court is further extended for a period of 60 days w.e.f. 13.11.2021 on the same bail and bonds executed before the trial Court subject to renewal of bail and surety before the trial Court on or before 13.11.2021.

List the matter immediately after service of notice on the victim.

Meanwhile, record of the trial Court be requisitioned.

(RAJENDRA KUMAR (VERMA)) JUDGE

pnm

Signature Not Verified SAN

Digitally signed by SMT POONAM MANEKAR Date: 2021.11.12 18:21:14 IST