Ankit Gadhwal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13203 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRA No. 6528 of 2023
          (ANKIT GADHWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 14-08-2023
      Shri Sandeep Mahawar - Advocate for the appellants.

      Shri Gopal Jaiswal - Panel Lawyer for the respondent/State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence admitted for final hearing.

Heard on I.A. No.10681/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

Appellants have been convicted for commission of offence under Section 323/34 of IPC and have been sentenced to undergo S.I. for 03 months; under Section 324/34 and have been sentenced to undergo S.I. for 06

months and fine of Rs.500/- with default stipulation and under Section 3(2)(5-a) of SC/ST (Prevention of Atrocities)Act and have been sentenced to undergo S.I. for 06 months and fine of Rs.500/- vide judgment dated 13.4.2023 delivered by Special Judge, (SC/ST (Prevention of Atrocities) Act, 2012, District Khandwa, in S.C. ATR No.131/2021 (State of M.P. Vs. Ankit Gadwal and others).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial

Court. It is submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellants till 13.7.2023. Thereafter, this Court vide its order dated 23.6.2023 extended the suspension of jail sentence till today. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is n o possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellants is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the

execution of jail sentence of appellants be suspended and they be released on bail.

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

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 appellants.

Consequently, I.A. No.10681/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 9.10.2023 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 today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Digitally signed by DEEPA MISHRA Date: 2023.08.17 14:23:40 +05'30'