Devendra Varman vs The State Of Madhya Pradesh
2023 Latest Caselaw 20726 MP

Madhya Pradesh High Court

Devendra Varman vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 9183 of 2023
                                      (DEVENDRA VARMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 07-12-2023
                                 Shri Vijay Kumar Pandey - Advocate for the appellant.

                                 Smt. Shakti Tripathi - Panel Lawyer for the respondent/ State.

The appeal is admitted for final hearing.

Heard on I.A. No. 17659 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to the appellant

arising out of judgment dated 10.07.2023 passed by Special Judge, Panna, District Panna, in SC ATR No. 19 / 2018.

The appellant has been convicted for the offence punishable under Section 3(2)(va) of the S.C./ S.T.Act and sentenced to undergo R.I. for one year and fine of Rs.1,000/; in default 3 months R.I. Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. There are several omissions and contradictions in the statement of prosecution witnesses. The injury sustained by the victim was simple in nature. The appellant has already suffered more than

half of the jail sentence. Final hearing of this appeal would take sufficient long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case, detention period undergone by the appellant and the fact that final hearing of the appeal would take sufficiently long time, I am of the opinion that the jail sentence of appellant

deserves to be suspended.

Accordingly, I.A. No. 17659 of 2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant - Devendra Varman after being enlarged on bail shall mark his presence before the concerned trial Court on 22.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

Vikram