Citation : 2022 Latest Caselaw 590 MP
Judgement Date : 12 January, 2022
1 CRA-7667-2021
The High Court Of Madhya Pradesh
CRA No. 7667 of 2021
(SANDEEP Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 12-01-2022
Heard through Video Conferencing.
Mr. U.S. Jaiswal, learned counsel for the appellant.
Ms. Geeta Yadav, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.22324/2021 which is first application for suspension
o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 03.12.2021 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Chhindwara in SC No.200142/2016 for offences punishable under Section 354 of the Indian Penal Code read with Section 3 (1-B) (1) and 3 (2) (v) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for six months with fine of Rs.1,000/- and default stipulation.
Learned counsel for the appellant submits that the appellant has been
sentenced to undergo RI only for six month. It is contended that the trial Court has not considered the evidence on record properly. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.
Learned Panel Lawyer for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant, without commenting upon the merits of the case, I.A. No.22324/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive 2 CRA-7667-2021 jail sentence imposed upon appellant- Sandeep shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 29.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.
Accordingly, I.A.No.22324/2021 stands disposed of. List the case for hearing in due course.
(SMT. ANJULI PALO) JUDGE
ks
Signature Not Verified SAN
Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.12 17:54:42 IST
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