Dalu @ Dayaram Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 12958 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3533 of 2023
                                   (DALU @ DAYARAM PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 09-08-2023
                                Shri Manish Awasthi - Advocate for the appellant.

                                Smt. Geeta Yadav - Panel Lawyer for the respondent No.1/State.

None for respondent No.2.

Heard on I.A. No.18854/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellant has been convicted for commission of offence under Sections 323 of IPC r/w Section 3(2)(va) of SC/ST Act, 325 of IPC r/w Section 3(2)(va) of SC/ST Act and Section 294 of IPC and has been sentenced to undergo R.I. for 6 months with fine of Rs.500/-, R.I. for one year with fine of Rs.1500/- and S.I. for 1 month respectively with default stipulations vide judgment dated 13.02.2023 delivered by the Special Judge (Atrocities) Damoh District Damoh in Special Case/SC ATR No.200070/2016 ( State of M.P. Vs. Dalu @ Dayaram Patel and others).

Learned counsel for the appellant has submitted that a short sentence of maximum one year has been awarded by the learned trial Court. Appellant is in jail since 14.07.2023. There is no possibility of hearing of this appeal in near future. Therefore, if the jail sentence of appellant is not suspended, the purpose of filing of this appeal would become futile. Therefore, it is prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Signature Not Verified Signed by: BIJU BABY Signing time: 8/9/2023 6:52:06 PM

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.18854/2023 is allowed. The execution of jail sentence of appellant- Dalu @ Dayaram Patel 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 16.10.2023 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.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time: 8/9/2023 6:52:06 PM