Anokh Singh Rajput vs The State Of Madhya Pradesh
2022 Latest Caselaw 1442 MP

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              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                          CRA NO.991/2022
1. Anokh singh Rajput s/o
Sajansingh, Age 40 years, occupation
Panchayat Secretary

2. Mangu Singh Rajpur s/o Peerusingh
Rajput, Age 30 years, occupation Labour
All R/o Gram Sameli PS Jeerapur
Dist. Rajgarh M.P                       .........Appellants.

vs.

1.State of M.P through PS
AJK Rajgarh, Dist. Rajgarh

2. Shambulal s/o Kaniram Verma (complainant)        ....Respondents.

01.02.2022: (INDORE):

Shri Govind Pal Singh Songara, learned counsel for the appellants.

Shri Sudanshu Vyas, learned GA for the respondent/State. Office is directed to requisition the trial court record and list thereafter for admission along with record.

Heard on IA No.1437/2022, an application for suspension of sentence.

Appellants have filed this appeal against the judgment dated 19.01.2022 passed by Special Judge (SC/ST Act) in Special Case No.54/17 whereby the learned trial Court has convicted the appellants under sections 323/34 IPC & u/s 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and sentenced to 1-1 years RI with fine of Rs. 500/- & 1-1 years RI with fine of Rs.500/- with further default stipulation.

Learned counsel for the appellants submits that the trial Court has committed an error in appreciating the evidence and convicting the appellants. The appellants were on bail during trial and they

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never misused the liberty granted by the court. The jail sentence is already suspended by the trial court for filing appeal. The hearing of this appeal would likely to take long time, hence prayed for suspension of sentence and release of appellants on bail.

On the other hand, learned counsel for the respondent/State opposes the prayer.

Considering the facts and circumstances of the case, the period of short short sentence and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellants shall remain suspended and they be released on bail upon each of them depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.25,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 11.07.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2022.02.02 10:18:58 +05'30' hk/