Jitendra Shrivas vs The State Of Madhya Pradesh
2022 Latest Caselaw 5667 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 507 of 2022
                                              (JITENDRA SHRIVAS AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 19-04-2022
                                         Shri P. K. Mishra, learned counsel for the appellants.

                                         Shri Yadvendra Dwivedi,            learned Panel Lawyer for the respondent

No.1/State.

None for respondent No.2.

Learned Panel Lawyer has informed that notice has been duly served on the victim but on a perusal of the notice furnished, it is revealed that notice has been

served on Mahendra who is son of victim Videsh Singhmare.

Learned Panel Lawyer is directed to make proper compliance of Section 15A(iii) of SC/ST (Prevention of Atrocities) Act.

Trial Court record has been received.

Heard on admission.

Prima facie this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No. 728/2022, an application under Section 389(1) of the Cr.P.C. read with Section 14(A) of SC/ST (Prevention of Atrocities) Act, filed on

behalf of appellants for suspension of execution of jail sentence and grant of bail pending the appeal.

Appellants stand convicted for commission of offence under Section 325/34 of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act and have been sentenced to undergo R.I. for 6-6 months and fine of Rs.15000/- with default stipulation by Special Judge (Atrocities), Balaghat.

Learned counsel for the appellants has submitted that appellants are in jail since 21.1.2020. They have already suffered more than 2 years and 3 months sentence. Therefore, appellants be released on bail.

O n the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail and suspension of jail sentence of appellants. Signature Not Verified SAN Considering the period of sentence already undergone by the appellants and the fact that they have been convicted and sentenced under Section 325/34 of IPC Digitally signed by DEEPA MISHRA Date: 2022.04.19 18:08:42 IST

and 3(2)(v) of SC/ST (Prevention of Atrocities) Act and having taken into consideration all the facts and circumstances including the findings recorded in impugned judgment and material on record, I am inclined to release appellants on bail.

Consequently, aforesaid I.A.No. 728/2022 is allowed. The execution of jail sentence of appellants Jitendra Shrivas & Mehul Shrivas is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 14.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.19 18:08:42 IST