Narayan Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 6813 MP

                                                                         1                                 CRA-6218-2021
                                              The High Court Of Madhya Pradesh
                                                         CRA-6218-2021
                                                        (NARAYAN PATEL Vs THE STATE OF MADHYA PRADESH)

                                      1
                                      Jabalpur, Dated : 25-10-2021
                                            Shri V.K. Patel, counsel for the appellant.
                                            Shri Pradeep Dwivedi, P.L. for the respondent No.1/ 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 within 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.18693/2021, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Narayan Patel.

This appeal has been preferred against the judgment dated 05.10.2021 passed by Special Judge (Prevention of Atrocities) Act, Panna in Special Case No. 200206/2016, whereby learned Special Judge found the appellant guilty for the offence punishable under Section 3(1)(dh) and 3 (2)(va) of

SC/ST (Prevention of Atrocities) Act and sentenced him to undergo R.I. for 1 year with fine of Rs.1,000/- and R.I. for 3 years with fine of Rs.2,000/- 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 05.11.2021. 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 Signature Not Verified SAN appeal will take time.

Digitally signed by RANJEET AHIRWAL Date: 2021.10.25 17:22:05 IST 2 CRA-6218-2021 Looking to the short sentence and the fact that the trial Court has already suspended the jail sentence of the appellant till 05.11.2021, as an interim measure, it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended up to 22.11.2021 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.18693/2021 along with the record as well as for admission on 22.11.2021. On that date, the appellant shall remain present in person before this Court.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

(ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2021.10.25 17:22:05 IST