Citation : 2021 Latest Caselaw 6661 MP
Judgement Date : 22 October, 2021
THE HIGH COURT OF MADHYA PRADESH
CRA.5864/2021
(Ravi Vs. State of M.P. & Anr.)
1
Jabalpur, Dated : 22 / 10 / 2021
Shri Pramod Thakre, counsel for the appellant.
Shri Ravindra Rajpoot, P.L. for the respondent / State.
Office is directed to call for the record. On payment of PF within one week, issue notice to the respondent No.2-complainant, returnable on three weeks.
The State is also directed to comply with the provision of Section 15-A(iii) of SC/ST (Prevention of Atrocities) Act.
Heard on I.A.No.17787/2021, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Ravi.
This appeal has been preferred against the judgment dated 23.09.2021 passed by Special Judge (Prevention of Atrocities) Act, Chhindwara in Special Case No. 200014/2015, whereby learned Special Judge found the appellant guilty for the offence punishable under Section 454 and 354 of IPC and sentenced him to undergo R.I. for three months each with fine of Rs.500/- each with default clause.
Learned counsel for the appellants submitted that the learned trial Court without appreciating the evidence properly, wrongly found the appellant guilty for the aforesaid offences. There are several omissions and contradictions in the statement of the prosecution witnesses regarding the involvement of the appellant in the crime. He further submitted that the trial Court has already suspended the jail sentence of the appellant till 22.10.2021. Hence prayed for suspension of the jail sentence and release of the appellant on bail, since according to the listing policy the hearing of this appeal is likely to take a long time.
THE HIGH COURT OF MADHYA PRADESH CRA.5864/2021 (Ravi Vs. State of M.P. & Anr.)
Looking to the short sentence and the fact that the trial Court has already suspended the jail sentence of the appellant till 22.10.2021, as an interim measure, it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended up to 21/12/2021 and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court.
List the matter for consideration of I.A. No.17787/2021 along with the record as well as for admission on 21.12.2021. On that date, the appellant shall remain present in person before this Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
NAVEEN Digitally signed by NAVEEN KUMAR SARATHE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA
KUMAR PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=d66fc0344a8236bc2353c1181f ddfaa49a5daae514ecfff778d4b289301c
SARATH b0c1, pseudonym=ABE8CA5A4B1C369EC27A4 B261D43439A19EEBA39, serialNumber=577CF890A554B9DF827E 90970157E60DAE4E547824BD58B184FE
E AB93AD55E89B, cn=NAVEEN KUMAR SARATHE Date: 2021.10.23 10:19:25 +05'30'
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