Madhya Pradesh High Court
Narottam Dhakad vs The State Of Madhya Pradesh on 3 August, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9728 of 2023
(NAROTTAM DHAKAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-08-2023
Shri Akash Chaturvedi - Advocate for the appellant.
Shri Rajendra Singh Yadav - Panel Lawyer for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 14279/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of
sentence and grant of bail.
Appellant No.1- Narottam Dhakad stands convicted under Section 3(1)
(dha) of SC & ST Act and sentenced to undergo six months' RI with fine of
Rs.500/, Section 323/34 of IPC and sentenced to undergo three months' RI
with fine of Rs.200/ and Section 3(2)(5-ka) of SC & ST Act and sentenced to
undergo three months' RI with fine of Rs.200/-, appellant No.2- Indar Singh
Dhakad stands convicted under Section 3(1)(dha) of SC & ST Act and
sentenced to undergo six months' RI with fine of Rs.500/, Section 323/34 of
IPC and sentenced to undergo three months' RI with fine of Rs.200/ and
Section 3(2)(5-ka) of SC & ST Act and sentenced to undergo three months' RI
with fine of Rs.200/- and appellant No.3- Mansingh Dhakad stands convicted
under Section 3(1)(dha) of SC & ST Act and sentenced to undergo six months'
RI with fine of Rs.500/, Section 323/34 of IPC and sentenced to undergo three
months' RI with fine of Rs.200/ and Section 3(2)(5-ka) of SC & ST Act and
sentenced to undergo three months' RI with fine of Rs.200/- with default
stipulation vide judgment of conviction and sentence dated 14.07.2023 passed
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 04-08-2023
10:32:13 AM
by Special Judge (SC & ST Act), Gwalior in Special Case No. 36/2017.
Learned Counsel for appellants submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjecture and surmises.
The learned Trial Court has committed an error in convicting and sentencing the
present appellants without appreciating the prosecution evidence properly.
There are material contractions and omissions in the evidence of witnesses. The
appellants were on bail during trial and they did not misuse the liberty. No
criminal antecedent was reported against the appellants. Fine amount has
already been deposited by the appellants. The jail sentence of appellants was
suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is
no likelihood of hearing of appeal in near future. On these grounds, learned
Counsel prays that execution of remaining jail sentence of appellants may be
suspended and they may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection. He contends that appellants are
convicted on proper appreciation of evidence. No case is made out for
suspension of sentence.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety each in the like amount to the satisfaction of Trial Court and
also subject to deposit of the fine amount (if not already deposited) for their
appearance before the Registry of this Court on 09.10.2023 and on further
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 04-08-2023
10:32:13 AM
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.14279/2023 stands allowed and disposed of.
Call for the record of the Court below and list thereafter for final hearing
in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 04-08-2023
10:32:13 AM
