Gendalal Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 20221 MP

Madhya Pradesh High Court

Gendalal Rai vs The State Of Madhya Pradesh on 1 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 14273 of 2023
                                     (GENDALAL RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 01-12-2023
                                 Shri Baboo Ji Chourasiya - Advocate for appellants.

                                 Shri Tapan Bathre - Panel Lawyer for respondent No.1/State.

None for the respondent No.2, despite service of notice.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of the Court below be requisitioned.

Also heard on I.A.No.26906/2023, which is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellants.

The appellants have been convicted and sentenced vide judgment dated 01/11/2023 passed by Special Judge, (SC/ST Prevention of Atrocities Act), Damoh in SC ATR No.27/2017 as mentioned in the impugned judgment.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellants for aforesaid offence. Custodial sentence of appellants has already been suspended by the trial Court till 01/12/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellants and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the trial Court has already suspended the jail sentence of appellants till 01/12/2023, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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