Dippu Alias Raghav Payasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 2226 MP

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                                 The High Court Of Madhya Pradesh
                                          CRA No. 1363 of 2022
                                (DIPPU ALIAS RAGHAV PAYASI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      Jabalpur, Dated : 17-02-2022
                            Shri R.D. Singh, learned counsel for the appellant.

                            Shri Vijay Kumar Pandey, learned Panel Lawyer for the respondent/State.

Call for the record of the trial Court.

Heard on the question of admission.

After perusal of the judgment, this appeal is having arguable point, hence it is admitted for final hearing.

Also heard on I.A.No.2240/2022, an application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted for the offence punishable under Sections 354 IPC r/w 3(2)(va) of SC/ST Act, and Section 323 IPC (Two counts) r/w 3(2) (va) of SC/ST Act and has been sentenced to undergo R.I. for 1 year and fine of Rs.5000/- and R.I. for 6 months and fine of Rs.1,000/- (two counts) respectively, with default stipulations.

Prosecution story in brief is that on 26.03.2016 at about 6:00 a.m. the

present appellant/accused entered into the house of prosecutrix and tried to outrage her modesty. When the husband of the prosecutrix tried to save her, appellant/accused assaulted him with lathi.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated. He submits that the eye-witnesses have turned hostile and have not supported the case of prosecution. He further submits that the appellant was on bail during trial and his jail sentence has been suspended by the trial Court till 28.02.2022. It is further submitted that this appeal would take considerable time for its disposal. In such circumstances, the appellant prays for suspension of sentence and grant of bail.

Learned Panel Lawyer for the respondent/State opposes the bail application.

Signature SAN Not Having heard the learned counsel for the parties and looking to the fact that Verified

Digitally signed by the appellant was on bail during trial and the fact that this appeal would take SWETA SAHU Date: 2022.02.18 11:56:21 IST

considerable time for its disposal, without expressing any opinion on the merits of the case, this Court is inclined to suspend the further custodial sentence of the appellant till final disposal of the appeal. Hence, I.A.No.2240/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited,

and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 28.03.2022 and all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon the appellant Dippu @ Raghav Payasi shall remain suspended and he shall be released on bail.

It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case shall stand cancelled.

J a il authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellant.

Let the appeal be listed for final hearing in due course. Certified copy as per rule

(SUNITA YADAV) JUDGE

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