Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 13031 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5590 of 2023
                                      (RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 10-08-2023
                                 Shri Navneet Kishore Verma - Advocate for the appellants.

                                 Shri Gaurav Singh Chouhan - Dy. Govt. Advocate for State.
                                 Shri Parivesh Prajapati - Advocate for the objector.


                                 Heard on I.A. No.10718/2023, which is first application filed under
                           Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail

                           moved on behalf of appellant No.2 - Rafiq @ Rahul S/o Shri Ranjeetsingh.
                                 2. The appellant has been convicted under Sections 323, 341 of IPC r/w
                           3(2)(VA) of SC/ST Act, 323 of IPC r/w 3(2)(VA) of SC/ST Act, 506(2) of
                           IPC r/w 3(2)(VA) of SC/ST Act, 394 of IPC and sentenced to undergo 1 year
                           R.I. with fine of Rs.200/-, 1 year R.I. with fine of Rs.500/-, 1 year R.I. with fine
                           of Rs.500/-, 1 year R.I. with fine of Rs.500/-, 5 years R.I. with fine of
                           Rs.1,000/- and Life Imprisonment with fine of Rs.1000/- respectively with
                           default stipulation, vide judgement of conviction and order of sentence dated
                           29.03.2023 passed by the learned Special Judge (Scheduled Cast and

                           Scheduled Tribe (Prevention of Atrocities) Act), Ujjain, District Ujjain (M.P.) in
                           SST No.131/2017.
                                 3 . T he prosecution story found to be proved is that, on 03.08.2017,
                           complainant Dharmendra lodged a report stating that on the date of incident at
                           about 7:00 pm, when he was returning back to home from Ramwasa Square,
                           co-accused Rahul Kushwaha intercepted him and started demanding illicit
                           money as commission for sale of land and when he denied, appellant started
                           beating the complainant. Thereafter, co-accused gave a call to the complainant's
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 11-08-2023
10:46:48
                                                                 2

                           brother Jitendra    to bring money. When Jitendra reached there, co-accused
                           Rahul alongwith      present appellant and another accomplice beat them.
                           Accordingly, crime was registered against the appellant and other co-accused
                           persons.
                                 4. Learned counsel for the appellant submits that the appellant has been
                           falsely implicated in the case. From the bare reading of FIR, it is seen that no
                           offence under the Scheduled Cast and Scheduled Tribe (Prevention of
                           Atrocities) Act has been committed by the present appellant. It is a case of
                           simple injury. Final hearing of this appeal will take considerable time, hence the
                           jail sentence of the appellant be suspended and he be released on bail.

                                 5. Per contra, learned Government Advocate for the respondent/State as

well as learned counsel for the objector have supported the impugned judgment and prays for rejection of the application for suspension of sentence.

6. Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future, I.A. No.10718/2023 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the concerned trial Court firstly on 31.10.2023, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

8. List for final hearing as per its turn. C.C. as per rules.

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 11-08-2023 10:46:48

(S. A. DHARMADHIKARI) (PRANAY VERMA) JUDGE JUDGE Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 11-08-2023 10:46:48