Ram Bharosa vs The State Of Madhya Pradesh
2022 Latest Caselaw 16464 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 11306 of 2022
                                     (RAM BHAROSA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 12-12-2022
                                 Mr. D.S. Rajawat, learned counsel for the appellants.

                                 Mr. Ramadhar Chaubey, learned Public Prosecutor for respondent No. 1

- State.

Admit.

Record of the Court below be called.

Heard o n I.A. No. 18867 of 2022, first application under Section 389

(1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 18.11.2022 passed by Special Judge [S.C./S.T. (P.A.) Act], Guna (M.P.) in S.S.T. No. 113/2018, whereby appellants has been convicted and sentenced under Section 323/34 of IPC r.w. Section 3 (2) (Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of six months with fine of Rs.1,000/- and under Section 324/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellants without proper appreciation of facts of the case. There are material contradictions in the statements of the prosecution witnesses. Upon the report of the the accused party, a cross-case bearing number RCT 376/2018 has also been registered against the complainant, which is pending. Learned counsel for the appellant further submits that the appellants have already undergone 12 days of incarceration out of total jail sentence of one year. Present criminal appeal is likely to take long time to conclude. Hence, Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Dec-22 10:56:57 AM

prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 18867 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent

surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court o n 06.1.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Dec-22 10:56:57 AM