Bhagchand Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 7315 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 3759 of 2022
                                                 (BHAGCHAND RAJAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 13-05-2022
                                            Shri Monish Sahu, learned counsel for the appellants.

                                            Shri Atin Vishwakarma, learned Panel Lawyer for the respondent/State.

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 trial Court record.

Heard on I.A.No. 6999/2022, an application under Section 389(1) of the Cr.P.C. for suspension of execution of jail sentence and grant of bail to the appellants pending the appeal.

Appellants have been convicted for commission of offence punishable under Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 and have been sentenced to 6 months R.I. with fine of Rs.6000/- with default stipulations by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni vide judgment dated 24.03.2022 passed in S.C.A.T.R. No. 44/2017

(State of M.P. Vs. Bhagchand Rajak and others).

Learned counsel for the appellants has submitted that during trial appellants were on bail and even after conviction and sentence learned Trial Court has released them on bail till 20.05.2022. Learned counsel further submitted that they have been sentenced only for a period of 6 months and Signature Not Verified SAN disposal of this appeal will take considerable time. Appellants have fair chances Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.05.13 15:21:44 IST in succeeding the appeal. Therefore, it has been prayed that appellants be

released on bail by suspending the execution of jail sentence.

On the other hand, learned Panel Lawyer has opposed the suspension of execution of jail sentence and grant of bail.

Considering 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.

Accordingly, IA No. 6999/2022 is allowed.The execution of jail sentence of appellants Bhagchand Rajak, Rekha Rajak and Bhupendra Rajak is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on

their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each 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 it in this regard during the pendency of this appeal.

Record of the trial Court be called for.

C.c today.

(DINESH KUMAR PALIWAL) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.05.13 15:21:44 IST