Basant Singh Thakur And Ors. vs The State Of M.P.
2022 Latest Caselaw 8868 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                      CRA No. 2519 of 1999
                                                  (BASANT SINGH THAKUR AND ORS. AND OTHERS Vs THE STATE OF M.P.)

                                      Dated : 04-07-2022
                                            Shri S.K. Pandey, learned counsel for the appellants.

                                            Shri Vinod Tiwari, Panel Lawyer for the respondent / State.

Heard on IA No.12307/2022, repeat application for suspension of custodial sentence passed against the appellant no.3 Lakhanlal Jharia.

This appeal has been preferred against the judgment dated 19/08/1999 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur in

Special Case No.16/1998, whereby learned Special Judge found the appellant No.3 Lakhanlal Jharia guilty for the offence punishable under Sections 323/149 (three counts) and 452 of IPC and sentenced him to undergo R.I. for 1 year with fine of Rs.200/-, R.I. for 1 month with fine of Rs.100/-, R.I. for 1 month with fine of Rs.100/- and R.I. for 1 year with fine of Rs.200/- with default clause.

Learned counsel for the appellants submitted that earlier Coordinate Bench of this Court suspended the jail sentence of appellant No.3 Lakhanlal Jharia and released him on bail vide order dated 29.09.1999 but during the

pendency of appeal, due to unavoidable reasons, the appellant No.3 could not appear on the date fixed by the trial court, so, trial court forfeited his bail bond and issued arrest warrant. In compliance of that warrant, police arrested the appellant No.3 on 24.05.2022 and since then appellant is in jail. Hence prayed for suspension of jail sentence and release of appellant on bail since the hearing Signature Not Verified SAN of the appeal will take time.

Digitally signed by RANJEET AHIRWAL Date: 2022.07.04 17:34:27 IST Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the appellant No.3 Lakhanlal Jharia is in custody since 24.05.2022, so he has learnt a lesson and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant No.3 Lakhanlal Jharia shall remain suspended during the pendency of this appeal 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 like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12/12/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this

appeal.

The appeal is already admitted, so list for final hearing in due course. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

(ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.07.04 17:34:27 IST