Subhaschand vs The State Of Madhya Pradesh
2022 Latest Caselaw 7296 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                CRA No. 4310 of 2022
                                                  (SUBHASCHAND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 13-05-2022
                                           Shri Sunil Mishra, learned counsel for the appellant.

                                           Shri Manohar Dixit, learned Panel Lawyer for the respondent/State.

Shri Dixit, learned Panel Lawyer takes notice on behalf of the respondent/ State. Now there is no need to issue further notice to the respondent / State.

Learned counsel for the State is directed to comply with the provisions of Section 15(A)-(III) of the SC/ST (Prevention of Atrocities) Act, 1989.

Call for the Trial Court record.

Heard on I.A.No.8174/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 341 of IPC r/w 3(2)(Va) of SC/ST Act and has been sentenced to undergo S.I. for 1 months and fine of Rs.200/-; under Section 294 of IPC r/w 3(1)(r) of SC/ST Act and has been sentenced to undergo R.I for 6 months and fine of Rs.200/-; under section 334 of IPC on two count r/w 3(2)(Va) of SC/ST

Act and sentenced to under RI for 1 month on two count and fine of Rs.200 - 200/- total Rs.800/-, under Section 325 of IPC r/w 3(2)(Va) SC/ST Act and sentenced to undergo RI for one year and fine Rs.600/- and under Section 3(1) (S) of SC/ST Act and has been sentenced to undergo R.I for 6 months and fine of Rs.200/- with default stipulations by Special Judge, SC/ST (Prevention of Signature Not Verified SAN Atrocities) Act, 1989, District Sehore vide judgment dated 13.04.2022 passed in Digitally signed by AMITABH RANJAN Date: 2022.05.14 17:32:45 IST Special Case No. 204/2016 (State of M.P. Vs. Subhashchandra).

Learned counsel for the appellant has contended that during trial appellant was on bail and after conviction appellant has been released on bail by trial Court till 14.05.2022. He has not misused the liberty granted by way of bail. The disposal of the appeal will take considerable time. If he is not released on bail, purpose of filing this appeal would become futile. Therefore, it has been prayed that jail sentence of appellant be suspended and he be released on bail till final disposal of the appeal.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed suspension of execution of jail sentence and grant of bail.

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 appellant.

Accordingly, I.A.No.8172/2022 is allowed. The execution of jail sentence of appellant- Subhashchand is hereby suspended subject to 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 trial Court on 27.09.2022 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.

Signature Not Verified (DINESH KUMAR PALIWAL) SAN JUDGE Digitally signed by AMITABH RANJAN Date: 2022.05.14 17:32:45 IST Amitabh