Suraj @ Bachchu Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16432 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    CRA No. 10977 of 2022
                            (SURAJ @ BACHCHU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 12-12-2022
                               Shri D. S. Parihar, learned counsel for the appellants.

                               Shri Manoj Kushwaha, learned Panel Lawyer for the respondent

no.1/State.

None for the respondent no.2-Victim despite service of notice.

Call for the trial Court record.

Heard on I.A.No.22450/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

T he appellants have been convicted for commission of offence under Sections 323 of IPC and Sections 3(2)(V-a) and 3(1)(S) of SC/ST (POA) Act and have been sentenced to undergo imprisonment till rising of Court and R.I for 6 months and fine of Rs.500/-, Rs.500/- and Rs.1000/- respectively with d efault stipulation vide judgment dated 18.11.2022 passed in SCART No.63/2019 (State of M.P. vs. Suraj @ Bachchu Singh and others) by Special

Judge SC/ST (Prevention of Atrocities) Act, Sidhi.

Learned counsel for the appellants has submitted that during trial, the appellants were on bail and they have not misused the liberty granted to them by way of bail. Learned trial Court itself has suspended the jail sentence till 18.12.2022. It is further submitted that appellants have fair chance to succeed in appeal as learned trial Court has not properly appreciated the evidence of the prosecution witnesses. It is further submitted that a lot of contradictions and omissions have surfaced in the evidence of prosecution witnesses. There is no Signature Not Verified Signed by: BIJU BABY Signing time:

12/13/2022 5:25:49 PM

possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the appellants be released on bail.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellants, 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.22450/2022 is allowed. The execution of jail

sentence of appellants- Suraj @ Bachchu Singh a n d Samarbahadur Singh is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the 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 of the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial Court on 08.05.2023 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 argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

12/13/2022 5:25:49 PM