Laxman Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9456 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 5839 of 2022
          (LAXMAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 12-07-2022
         Mr. Sheeshu Yadav, learned counsel for the appellant.

         Mr. R.K. Awasthy, learned Public Prosecutor for respondent No. 1-

State.

Admit.

Record of the Court below be called.

Heard on I.A. No.10897 of 2022, which is first application under Section

389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 25.06.2022 passed in Special Case No.105/2016 by Special Judge [Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Datia (M.P.) whereby, appellants stand convicted under Section 323 of IPC and Section 3 (2)(V-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and sentenced them to undergo rigorous imprisonment of six months with fine of Rs.250/- for each offence, with default stipulation.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellants without proper appreciation of facts of the case. He further submits that the trial Court has already suspended the jail sentence of the appellants till 24/8/2022 and final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the short period of jail sentence as well as the fact that trial Court has already suspended the jail sentence, without commenting on merits of the case, I.A.No. 10897 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.40,000/- (Rupees Forty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court by each of the appellants, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to mark their

appearance before the Office of this Court on 10/08/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS ALOK KUMAR 2022.07.13 11:01:26 +05'30' 11.0.23