Sharad Waghmare vs State Of M.P.
2022 Latest Caselaw 4602 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 1221 of 2022
                                                        (SHARAD WAGHMARE Vs STATE OF M.P. AND OTHERS)

                                   Dated : 31-03-2022
                                         Shri G. S. Baghel, learned counsel for the appellant.

                                         Shri Ahsok Sinha, learned Government Advocate for the respondent/State.

Shri Prasanjeet Chaterjee, learned counsel for respondent No.2. Record of the trial Court is received.

Learned counsel for the appellant has produced certified copy of the order sheet dated 29.3.2022 showing that the appellant has surrendered before the Trial

Court and is undergoing sentence since 29.3.2022.

Heard on admission.

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

Also Heard on I.A.No.1964/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant has been convicted for commission of offence under Section 3(1)(w)(ii) of SC/ST (Prevention of Atrocities Act) and has been sentenced to undergo R.I for 6 months and fine of Rs.2000/- with default stipulations.

Learned counsel for the appellant has submitted that during trial the appellant was on bail and has not misused the liberty of bail granted by the trial Court. He h a s fair chances in succeeding this appeal. The disposal of appeal will take considerable time. Therefore, it has been prayed that jail sentence of appellant be suspended and he be released on bail till final disposal of the appeal.

On the other hand, learned Government Advocate for the respondent/State has opposed for grant of bail to the appellant and has supported the impugned judgment of conviction and sentence as passed by the trial Court.

Having considered the short nature of sentence 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 appellants.

Signature Not Verified SAN Accordingly, I.A.No.1964/2022 is allowed. The execution of jail sentence of appellant- Sharad Waghmare is hereby suspended subject to depositing the Digitally signed by DEEPA MISHRA Date: 2022.04.01 14:32:48 IST

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.40,000/- (Rupees Forty 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 trial

Court on 09.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.01 14:32:48 IST