Tofiq vs The State Of Madhya Pradesh
2021 Latest Caselaw 7901 MP

1                            Cr.A.No.6069/2021
                     (Tofiq Vs. State of M.P.and another)

Indore : Dated 26.11.2021

      Shri Vikas Yadav, learned counsel for the appellant.

      Ms.    Mamta     Shandilya,     learned    Govt.Advocate   for   the

respondent/State.

Heard on I.A. No.27299/2021, which is an application under

Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of

appellant -Tofiq.

Appellant has been convicted for the offence under Section 3(1)(S)

of SC, ST (Prevention of Atrocities) Act and has been sentenced to

undergo rigorous imprisonment for 6 months with fine of Rs.500/-with

default stipulation vide judgment dated 16.9.2021 passed by Special

Judge (SC, ST (Prevention of Atrocities) Act), Dewas in Special

S.T.No.3500073/2016.

It 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 granted to him. The disposal of appeal will take time, hence

the sentence of the appellant may be suspended and he may be released

on bail.

On the other hand, learned Govt.Advocate for the respondent/State

has opposed the suspension application

Having considered the rival submissions made by learned counsel

for the parties and also considering other facts and circumstances of the

(Tofiq Vs. State of M.P.and another)

case, which was imposed on him, I am of the view that it is a fit case for

suspension of sentence and grant of bail in favour of appellant.

Accordingly, I.A. No.27299/2021 is allowed.

It is directed that on depositing of fine amount, if not already

deposited and on furnishing personal bond for the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with separate surety bond in the like

amount to the satisfaction of the Trial Court for his appearance before the

Registry of this Court on 17.1.2022 and on subsequent dates as may be

fixed by the Registry of this Court, the appellant be released on bail and

the substantive sentence under appeal shall remain suspended.

Certified copy as per rules.

(Satyendra Kumar Singh) Judge Patil

Digitally signed by SHAILESH PATIL Date: 2021.11.26 15:19:11 +05'30'