Seetaram Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 8191 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRA No. 4994 of 2022
                (SEETARAM KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 21-06-2022
      Shri Rohit Shrivastava, counsel for the appellant.

      Dr. (Smt.) Anjali Gyanani, Public Prosecutor for the respondent/ State.

Heard on admission as well as on I.A. No.9488/2022 first application under Section 389 of Cr.P.C. moved on behalf of appellant for suspension of sentence and grant of bail.

Appeal being arguable, is admitted for final hearing.

Let record of the trial Court be requisitioned. Vide judgment dated 31-05-2022 passed by Special Judge (SC & ST, Prevention of Atrocities Act) Vidisha, appellant has been convicted under Section 323 (two counts) IPC and sentenced to undergo RI for three months with a fine of Rs.500/- on each count and he has further been convicted under Section 325 IPC and sentenced to undergo RI for one year with a fine of Rs.1,000/- with default stipulations.

It is submitted by counsel for the appellant that the appellant is innocent and falsely been implicated in the present matter. Appellant was on bail during

trial and has not misused the liberty granted to him. Fine amount has already been deposited. It is further submitted that the jail sentence of the appellant has already been suspended by the trial Court for a month. Disposal of appeal is likely to take time. On these grounds, learned counsel for the appellant prays for suspension of sentence and grant of bail to the appellant.

Learned State counsel, per contra, opposed the suspension application and prayed for its rejection.

Considering the arguments advanced by learned counsel for the parties as well as facts and circumstances of the case, coupled with the fact that the jail sentence of the appellant has already been suspended by the trial Court for a month and disposal of appeal is likely to take time, the I.A. is hereby allowed. Subject to depositing of fine amount (if not already deposited) and on furnishing personal bond of Rs.25,000/- (Rupees twenty five thousand only) with a solvent surety of like amount to the satisfaction of concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Registry of this Court first on 25th July, 2022 and thereafter on other

subsequent dates as may be fixed by the Office in that regard till final disposal of the appeal.

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

MKB

Digitally signed by MAHENDRA BARIK Date: 2022.06.21 18:23:17 +05'30'