Madhya Pradesh High Court
Shankar vs The State Of Madhya Pradesh on 10 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5649 of 2023
(SHANKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-08-2023
Shri Abhay Saraswat - Advocate for the appellant.
Shri Parivesh Prajapati - Advocate for the objector.
Shri Gaurav Singh Chouhan - Deputy Government Advocate for the
respondent/State.
Heard on I.A. No.9496/2023, 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 - Shankar S/o Popsingh Kushwah.
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. The 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
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 11-08-2023
10:46:48
beating the complainant. Thereafter, co-accused gave a call to the complainant's
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.9496/2023 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.
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 11-08-2023
10:46:48
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
Shilpa
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 11-08-2023
10:46:48
