Madhya Pradesh High Court
Khajju @ Rajvidesh Ghosh vs The State Of Madhya Pradesh on 12 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3330 of 2022
(KHAJJU @ RAJVIDESH GHOSH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 12-04-2022
Shri Sunil Kumar Mishra, learned counsel for the appellant.
Shri Y.D. Yadav, learned Government Advocate for the respondent/State.
Shri Yadav, learned Government Advocate takes notice of appeal on behalf
of State. Now there is no need to issue notice to the respondent/State.
Learned Government Advocate appearing for the State is directed to comply
with the mandate of Provisions of Section 15A(iii) of the SC & ST (PoA) Act,
1989.
Heard on I.A.No. 6258/2022, application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail to the appellant Khajju @
Rajvidesh Ghosh.
T he appellant has been convicted for commission of offence punishable
under Sections 323 of IPC read with Section3(2)(va) of SC/ST Act, 3(1)(Da) and
3(1)(Dha) of SC/St (PoA) Act and has been sentenced to undergo R.I. for 03
months and fine of Rs.500/-, RI for 06 months and fine of Rs.500/- and RI for 06
months and fine of Rs.500/- respectively with default stipulations by Special Judge
(Atrocities), Teekamgarh (M.P.) in S.C.Atr No. 61/2017.
Learned counsel for the appellant submitted that appellant has been released
on bail by the trial Court itself till 22.04.2022. During course of trial, appellant was
on bail and he has not misused the liberty granted to him by way of bail. Learned
counsel for appellant has taken me through the impugned judgment and has further
submitted that the evidence of prosecution witnesses is full of omissions,
contradictions and discrepancies. Appellant has fair chance to succeed in appeal.
There i s no possibility of coming this appeal for final hearing in near future.
Therefore, if his jail sentence is not suspended, this appeal would become futile.
T h e prayer is opposed by learned Government Advocate for the
respondent/State.
Signature Not Verified
SAN
Considering the nature of sentence and contention of learned counsel for the
appellant, I deem it proper to suspend the remaining jail sentence of the appellant
Digitally signed by AMITABH RANJAN
Date: 2022.04.12 18:37:40 IST
because final hearing of this appeal is not possible in near future.
Accordingly, aforesaid IA No. 6258/32022 is allowed. Subject to
depositing the fine amount (if not already deposited) the execution of jail sentence
o f appellant - Khajju @ ERajvidesh Ghosh is hereby suspended and it is
directed that the appellants be released on bail on their furnishing a personal bond
for a sum of Rs.40,000/- (Rupees Forty thousand only) with one solvent surety
of the like amount to the satisfaction of the trial court with a further direction to
appear before the trial Court o n 13.09.2022 and also on such other dates, as
may be fixed by the trial Court in this regard during the pendency of this appeal.
Record of the Trial Court be requisitioned.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Amitabh
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2022.04.12 18:37:40 IST
