Kalu Sardar @ Virendra Singh Man vs The State Of Madhya Pradesh
2022 Latest Caselaw 16695 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                             CRA No. 11770 of 2022
          (KALU SARDAR @ VIRENDRA SINGH MAN Vs THE STATE OF MADHYA PRADESH)

Dated : 15-12-2022
       Shri Ram Kumar Dwivedi, learned counsel for the appellant.

       Mrs. Aabha Mishra, Public Prosecutor for the respondent/State.

This criminal appeal appears to be arguable, hence, it is admitted for final hearing.

Let record of court below be requisitioned. Heard on IA No.19391 of 2022, which is first application under Section

389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 15/11/2022 passed in S C ATR No.165/2015 by Special Judge (Atrocities Act) Gwalior (M.P.) whereby appellant stood convicted under Section 354 of IPC and sentenced to undergo RI for One Year with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further argued that the material prosecution witnesses have not supported the case of prosecution and turned hostile. The fine amount as imposed by learned

trial Court has already been deposited. There are lots of contradictions and omissions in the statement of the prosecution witnesses. Final hearing of this appeal will take long time, therefore, he prays 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 advanced by learned counsel for the parties, without commenting on merits of the case, IA No.19391 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail.

The appellant is further directed to mark his appearance before the Office of this Court o n 20/02/2023 and on subsequent dates given by the Office in

this regard, till final disposal of this appeal.

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

vpn VIPIN KUMAR AGRAHARI 2022.12.15 15:24:19 +05'30'