Sukhram vs The State Of Madhya Pradesh
2023 Latest Caselaw 12944 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRA No. 9895 of 2023
                                    (SUKHRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 09-08-2023
                                Mr. Shailendra Dwivedi, Advocate for the appellant.

                                Ms. Ankita Mathur, Panel Lawyer for respondent No. 1 - State.

Record of the Court below be called.

Heard on I.A. No. 14374 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants with an alternative prayer for grant of temporary bail as record

has not been received.

This Criminal Appeal assails the judgment dated 13.7.2023 passed by Special Judge, S.C. / S.T. (P.A.) Act, 1989, Guna (M.P.) in S.S.T. No. 141/2018, whereby appellants have been convicted and sentenced under Section 325/34 of IPC read with 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.1000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without considering the material and evidence

available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that the trial Court has already suspended the jail sentence of the appellants for a period of one month. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: ALOK KUMAR Signing time: 10-Aug-23 12:30:12 PM

its rejection.

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

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 14374 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended and they be released on bail till 21.9.2023.

List the case on 21.9.2023.

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: 10-Aug-23 12:30:12 PM