Arvind Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9916 MP

                                                                       1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    BEFORE
                                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                               ON THE 19th OF JULY, 2022

                                                      CRIMINAL APPEAL No. 4006 of 2022

                                             Between:-
                                             ARVIND SINGH S/O BAHADUR SINGH THAKUR ,
                                             AGED    ABOUT    42  YEARS, OCCUPATION:
                                             AGRICULTURIST R/O VILLAGE LUHARGANJ
                                             THANA GUNOR, DISTRICT- PANNA, M.P.
                                             (MADHYA PRADESH)

                                                                                                    .....APPELLANT
                                             (BY SHRI VIJAY KUMAR PANDEY-ADVOCATE )

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH
                                             P.S. GUNOR DISTRICT- PANNA, M.P. (MADHYA
                                             PRADESH)

                                     2.      BAL KISHOR S/O JUGTI LAL R/O VILLAGE
                                             LUHARGANJ THANA GUNOR, DISTRICT-
                                             PANNA, M.P. (MADHYA PRADESH)

                                     3.      BALKISHUN     S/O  BRAJLAL R/O VILLAGE
                                             LUHARGANJ THANA GUNOR, DISTRICT-
                                             PANNA, M.P. (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                             (BY SHRI MANOJ KUSHWAHA-PANEL LAWYWER)

                                           This appeal coming on for admission this day, th e court passed the
                                     following:
                                                                        ORDER

Shri Sunil Kumar Mishra, learned counsel for the appellants. Shri Kishore Roy, learned Panel Lawyer for the respondent/State. Signature Not Verified SAN Record of the Trial Court has been received. Digitally signed by AMITABH RANJAN Date: 2022.07.20 17:19:03 IST Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also Heard on I.A.No.7503/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

T h e appellant has been convicted under Sections 3 (1) (dha), 3(2), (5-ka), 3(2) (5-ka) of SC/ST (Prevention of Atrocities) Act, 1989 and has been sentnenced to undergo R.I. for 6 months and fine of Rs. 500/-, R.I. for 6 months and fine of Rs. 500/- and R.I. for one year and fine of Rs. 1000/- respectively with default stipulations vide judgment dated 20.03.2022, passed in Spl. Case (ATR) No. 21/2017 by learned special judge SC/ST (POA) Act,

Panna Learned counsel for the appellants submitted that appellant was on bail during trial. He has not misused the liberty granted to him by way of bail during trial period. Appellant has fair chances in succeeding the appeal. Learned trial Court has not properly appreciated the evidence of the prosecution witnesses. Therefore, it has been prayed that jail sentence be suspended till final disposal of the appeal.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail.

Considering the short nature of sentence, evidence of witnesses on the record and contention of learned counsel for the appellant and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Signature Not Verified SAN Accordingly, aforesaid I.A.No.7503/2022 is allowed. The execution of

Digitally signed by AMITABH RANJAN jail sentence of appellant-Arvind Singh is hereby suspended subject to Date: 2022.07.20 17:19:03 IST

depositing the fine amount, (if not already deposited). It is directed that the

appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 27.10.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE kundan

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2022.07.20 17:19:03 IST