Uday Alias Munna vs The State Of Madhya Pradesh
2023 Latest Caselaw 14138 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7659 of 2022
                                     (UDAY ALIAS MUNNA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 28-08-2023
                                Shri Ashish Vishwakarma - Advocate for the appellant.

                                Ms. Nupur Dhamija - Panel Lawyer for the respondent/State.

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.20349/2023, 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 Section 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act, in alternate Section 354(ka)(1)(i) of IPC and has been sentenced to undergo R.I. for 02 years and fine of Rs.3,000/- with default stipulation and under Section 3(2)(v-a) of SC/ST

(Prevention of Atrocities) Act and has been sentenced to undergo R.I. for 02 years and fine of Rs.3,000/- with default stipulation vid e judgment dated 05.08.2022 delivered by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni (M.P.) in S.C. (ATR) 75/2018 (State of M.P. Vs. Uday alias Munna).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. The learned trial court has not properly appreciated the evidence of prosecution and defence witnesses. It is submitted that even after conviction and passing of Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/29/2023 11:33:49 AM

order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellant and granted time to file the appeal and get jail sentence suspended, but same could not be done consequently appellant surrendered before the trial Court and is in jail since 14.08.2023. The appellant has 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 no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is n o t suspended, the purpose of filing this appeal would become futile. Therefore, it has been 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.

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.20349/2023 is allowed. The execution of jail sentence of appellant 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 28.11.2023 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.

Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/29/2023 11:33:49 AM

(DINESH KUMAR PALIWAL) JUDGE Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/29/2023 11:33:49 AM