Madhya Pradesh High Court
Harbal Raikwar vs The State Of Madhya Pradesh on 23 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1730 of 2020
(HARBAL RAIKWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 23-04-2022
Shri Vikas Jyotishi, learned counsel for the appellant.
Shri Yogendra Das Yadav, learned Government Advocate for the
respondent/State.
None for the respondent No.2.
None has appeared for the respondent No.2 despite service of notice upon
him. It appears that he is not interested.
Record of the trial court has been received.
Heard on admission.
This appeal is admitted for final hearing.
Also heard on I.A. No. 3347/2020 an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending
the appeal.
The appellant has been convicted under Section 323 of IPC and has been
sentenced to undergo R.I. for 3 months and fine of Rs. 1000/- and Section 3(1)(n)
of SC/ST Act and sentenced to undergo R.I. for 6 months and fine of Rs. 500/-
and Section 3(1)(/k) of SC/ST Act and sentenced to undergo R.I. for 6 months and
fine of Rs. 500/- with default stipulation vide judgment dated 27.01.2020 passed in
S.C. Atr. No. 44/2017 (State of MP Vs. Harbal Raikwar) by learned Special Judge
(Atrocity) Tikamgarh (MP).
Learned counsel for the accused/appellant submits that the jail sentence of
appellant Harbal Raikwar has already been suspended by the trial court till
26.02.2020, which was extended by this Court, vide order dated 22.03.2022, till the
next date of hearing and appellant has not misused the liberty granted to him by
way of bail. Learned counsel further submitted that he has fair chance to succeed
in appeal. There is no possibility of coming this appeal for hearing in near future.
Therefore, if the jail sentence is not suspended, the purpose of filing this appeal
Signature Not Verified
SAN
would become futile.
Digitally signed by LALIT SINGH RANA
Date: 2022.04.23 17:25:40 IST
On the other hand, learned Government Advocate for the respondent/State
has opposed the prayer for grant of bail to the appellants.
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 appellants
because final hearing of this appeal is not possible in near future.
Consequently, I.A.No. 3347/2020 is allowed. The execution of jail
sentence of appellant-Harbal Raikwar is hereby suspended subject to depositing
the fine amount, (if not already deposited). It is directed that the appellant be
released on bail on his furnishing a personal bond to 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 on 15.09.2022 and also on such other dates, as may be fixed by that Court
in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2022.04.23 17:25:40 IST
