Rajendra Singh @ Bhura vs The State Of Madhya Pradesh
2022 Latest Caselaw 15467 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 9532 of 2022
                                           (RAJENDRA SINGH @ BHURA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-11-2022
                                 Mr. Sunil Kumar Dubey, learned counsel for the appellant.

                                 Mr. Avneesh Singh, learned Public Prosecutor for the respondent - State.

Admit.

Heard o n I.A. No. 16320 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 28.9.2022 passed by

Special Judge [Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act], Guna, District Guna (M.P.) in S.C. (ATR) No. 132/2017, whereby the appellant has been convicted and sentenced under Section 325 of IPC r.w. Section 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of two years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the appellant was on bail during trial and he did not misuse

the liberty so granted. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 10:12:52 AM

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 16320 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the 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 Office of this Court on 03.1.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 10:12:52 AM