Pinky @ Vijay Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5408 MP

                                   1                               CRA-5138-2021
        The High Court Of Madhya Pradesh
                   CRA-5138-2021
          (PINKY @ VIJAY SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 14-09-2021
      Heard through Video Conferencing.
      Shri Arshad Ali, learned counsel for the appellants.
      Shri Ramadhar Chaubey, learned Public Prosecutor for the
respondent-State.

I.A. No. 26361/2021, an application for urgent hearing, is taken up,

considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing. Record of the Court below be called.

Also, heard on I.A. No. 26359/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This appeal has been filed against the judgment of conviction and sentence dated 07/8/2021 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Sheopur in Sessions Trial

No.43/2019 by which the appellants have been convicted under Sections 294, 323/34 and 506 (part-II) of IPC and Sections 3(2)(VA), 3(1)(R) and 3(1)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and have been sentenced to undergo rigorous imprisonment of three months with fine of Rs.1,000/- for offence under Sections 294 of IPC and rigorous imprisonment of six months with fine of Rs.1,000/- for remaining offences with default stipulation.

It is submitted by learned counsel for the appellants Pinki @ Vijay Singh and Papita @ Jahar Singh that the trial Court has wrongly convicted the appellants without properly appreciating the materials and evidence available on record. There is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellants and 2 CRA-5138-2021 grant of bail to them looking to the short period of jail sentence.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the short period of jail sentence, without commenting on merits of the case, I.A. No. 26359/2021 is hereby allowed and the remaining jail sentence of the appellants is hereby suspended. It is hereby directed that

the appellants shall be released on bail on each of them furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The appellants are further directed to mark their appearance before the Office of this Court on 06/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. Certified copy/E-copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE ALOK KUMAR 2021.09.14 16:28:23 +05'30' 11.0.8 AKS