Suraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 6724 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                       AT INDORE
                    CRA No.1823 of 2018
              (SURAJ Vs THE STATE OF MADHYA PRADESH)

Dated :05-05-2022
     Shri Akhilesh Kumar Saxena, learned counsel for the appellant.
       Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.28815/2021, repeat 5th application filed under section 389 of the Cr.P.C.,1973 on behalf of appellant-Suraj seeking suspension of jail sentence.

The appellant has been convicted and sentenced by the learned Special Judge, SC/ST(P.A.) Dhar (M.P.) in Special S.T. No.113/2016 vide judgment dated 10/07/2017 as under:-

 Offence U/s      Sentence       Fine        amount Imprisonment in lieu of
                  Awarded        (Rs.)              fine amount
 376(1) of IPC    7 years R.I.   Rs.1000/-          3 months S.I.
 450 of IPC       5 years R.I.   Rs.500/-           1 months S.I.
 3(ii-V) of SC/ST Life           Rs.1000/-          3 months S.I.
 (P.A.) Act       Imprisonment

Learned counsel for the appellant submits that so far the offence under section 376(1) and 450 of the IPC are concerned he has undergone 7 years and 5 years sentence respectively. So far, conviction under 3(2)(v) of the SC/ST (PA) Act is concerned the aforesaid offence has not been committed knowingly that she belongs to scheduled caste community. Learned counsel has drawn our attention towards FIR (Exhibit-P/1) in which there is no such averments that the offence has been committed knowingly that she belongs to scheduled caste community, even the caste certificate has been obtained after 2 months from the date of commission of the offence and produced before the police. Learned counsel has placed

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reliance over the recent judgment passed by the Apex Court in case of Patan Jamal Vali Vs. The State of Andhra Pradesh in Criminal Appeal No.452/2021 in which the Apex Court has set aside the conviction under section 3(2)(v) of the SC/ST (P.A.) Act on the ground that it cannot be sustained because prosecution could not prove that the rape was committed only on the ground that woman belongs to the SC/ST community. Para 53, 55, 56 are relevant paragraphs of the aforesaid judgment. The appeal is of year 2018 and is not likely to come for final hearing in near future hence, counsel prays for suspension of the jail sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer by submitting that the FIR was registered under section 3(2) (V) of the SC/ST (P.A.) Act and even if there is no contention in the FIR but it was known to the appellant that prosecutrix belongs to SC community.

So far, section 376(1) of the IPC is concerned the appellant has undergone 8 years of jail sentence including the remission period. The appeal is of year 2018 and is not likely to come for final hearing in near future. In view of the law laid down by the Apex Court in case of Patan Jamal Vali (supra) we are of the opinion that the jail sentence of the appellant deserves to be suspended.

Accordingly, I.A. No.28815/2021 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant be released on bail subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/- (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

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14.10.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course. I.A. No.28815/2021 stands disposed of.

Certified copy as per rules.

           (VIVEK RUSIA )                                       (AMAR NATH (KESHARWANI))
              JUDGE                                                      JUDGE
  Ajit/-



AJIT
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DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba 241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1E E901C09EF29,

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