Pushpendra Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 21700 MP

Madhya Pradesh High Court

Pushpendra Vishwakarma vs The State Of Madhya Pradesh on 18 December, 2023

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 8676 of 2023
                                      (PUSHPENDRA VISHWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 18-12-2023
                                  Shri Satyam Agrawal - Advocate for the appellant.

                                  Shri Atmaram Ben - Dy. Govt. Advocate for the respondent /State.

Shri Pankaj Dubey - Advocate for respondent No.2.

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.16160/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant.

Appellant has been convicted for commission of offence under Section 452 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs.200/-; under Section 323 of IPC and has been sentenced to undergo R.I. for 06 months and fine of Rs.200/- and under Section 3(2)(va) of SC/ST

(Prevention of Atrocities) Act and has been sentenced to undergo R.I. for 6 months and fine of Rs.200/- with default stipulations vide judgment dated 24th June 2023 delivered by Special Judge, SC/ST (Prevention of Atrocities) Act, District Raisen, in SC ATR 96/2017 (State of M.P. Vs. Pushpendra Vishwakarma and others).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. It is submitted that in the course of trial appellant was on bail. He has 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 appellant till 7.8.2023. Thereafter, this Court vide its order dated 12.7.2023, 8.9.2023, 9.10.2023, 30.10.2023 and 30.11.2023 extended the suspension of jail sentence till today. 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 not 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.16160/2023 is allowed. The execution of jail sentence of appellant- Pushpendra Vishwakarma 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 6.2.2024 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 as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra