Nittu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1888 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             CRA No. 600 of 2023
              (NITTU YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 02-02-2023
      Shri Devdatt Bhave - Advocate for the appellant.

      Shri Ramji Patel - Panel Lawyer for the respondent/State.

None for the respondent No.2 -victim despite service of notice.

Trial Court record has not been received.

Heard on I.A.No.628/2023, an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 325 of IPC and has been sentenced to undergo R.I. for 1 years and fine of Rs. 2000/- and Section 3(2)(v-a) of SC/ST (POA) Act and has been sentenced to undergo R.I. for 1 years and fine of Rs. 2000/- with default stipulation by the learned Special Judge SC/ST (POA) Act, Katni vide judgment dated 01.12.2022 passed in SC(ATR) No. 136/2017 (State of MP Vs.Nittu Yadav).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted for comission of offence. Learned trial Court has not properly appreciated the evidence of the injured prosecution witnesses and other witnesses. Medical evidence does not corroborate the evidence of injured, several omissions and contradictions appeared in their evidence. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if

the execution of jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Having considered the short nature of sentence and the fact that during the course of trial, appellant was on bail and he has not misused the liberty, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.628/2023 is allowed. The execution of jail sentence of appellant-Nittu Yadav 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 27.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case after receipt of the record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R. by LALIT Digitally signed SINGH RANA Date: 2023.02.03 12:38:55 +05'30'