Madhya Pradesh High Court
Ravindra vs The State Of Madhya Pradesh on 17 February, 2022
Author: Sunita Yadav
1
The High Court Of Madhya Pradesh
CRA No. 1624 of 2022
(RAVINDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 17-02-2022
Shri M.P. Tripathi, learned counsel for the appellants.
Shri Arun Kumar Dixit, learned Panel Lawyer for the respondent-State.
On payment of P.F. within seven days, notice be issued to the respondent
No.2. Notice be made returnable within three weeks.
Learned counsel for the State is also directed to comply with the provision
of Section 15(A)-III of the SC/ST (Prevention of Atrocities) Act.
Office is directed to call for the record.
Heard on I.A.No.2744/2022, which is an application under Section 389 (1)
of Cr.P.C. for suspension of the custodial sentence passed against appellant
No.1 Ravindra.
T h is appeal has been preferred against the judgment dated
29/01/2022 passed by Special Judge, SC/ST (Prevention of Atrocities) Act,
Burhanpur in SCATR No.20/2019 whereby learned Special Judge found appellant
No.1 guilty for the offences punishable under Section 294, 323 of IPC and Section
3(1)(d) of SC/ST Act and sentenced him to undergo R.I. for one month with fine
of Rs.100/-, RI for six months and fine of Rs.100/- and RI for 6 months and fine
of Rs.100/-, respectively, with default stipulation.
Learned counsel for the appellant submitted that the trial Court has already
suspended the jail sentence of the appellant till 27/02/2022. The trial Court
without appreciating the evidence properly wrongly convicted the appellant for
the aforesaid offences. There are several omissions and contradictions in the
evidence adduced by the prosecution. Hence prayed for suspension of the jail
sentence and release of the appellant on bail since the hearing of this appeal is likely
to take long time.
On the other hand, learned counsel for the State opposed the prayer and
submitted that the guilt of the appellant is proved beyond reasonable
Signature
SAN Not doubt, therefore, learned trial Court has rightly convicted and sentenced the
Verified
Digitally signed by appellant.
SWETA SAHU
Date: 2022.02.18
11:56:22 IST
Looking to the facts and circumstances of the case and the fact that trial
Court has already suspended the jail sentence of the appellant till 27/02/2022, as an
interim measure it is directed that the execution of the jail sentence alone passed
against the appellant No.2 shall remain suspended until further orders and he be
released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs.
Fifty Thousand only) with one surety in the like amount to the satisfaction of the
trial Court for his appearance before the Registry of this Court on 21.03.2022 and
on such further dates as may be fixed in this behalf by the Registry.
List the case after four weeks alongwith the record for consideration of
I.A.No.2744/2022 as well as for admission.
C.C. on payment of usual charges.
(SUNITA YADAV)
JUDGE
ss
