Susheel Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 2104 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 1732 of 2023
                  (SUSHEEL DHAKAD Vs THE STATE OF MADHYA PRADESH)

Dated : 06-02-2023
      Shri Arvind Ku. Dwivedi, learned counsel for the appellant.

      Shri B.P.S. Tomar, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A.No.2256/2023, an application for suspension of sentence.

The trial Court has convicted the appellant under Section 3(2) (5-Ka) of S.C.S.T. Act and sentenced to undergo two years' RI with fine of Rs.1000/- with default stipulation, vide judgment of conviction and order of sentence dated 16.12.2022 passed by Special Judge (Atrocities) Shivpuri in S.S.T.No.120/2017.

Learned counsel for the appellant submits that as per prosecution case itself, it has been alleged against the appellant that he knowing the fact that prosecutrix is a member of S.C.S.T. community has tried to outrage her modesty. The whole prosecution story is unnatural as it has been stated that

incident took place at about 2.30 am when prosecutrix went to pick the wastage material which is highly improbable. No external injury was found on the body of the prosecutrix. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties and perused the record.

Having considered the rival submissions and nature of allegations alleged against the appellant and the period of short sentence awarded to appellant and also considering the fact that there is no likelihood of hearing of this appeal in the near future and he was enlarged on bail during trial, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his

appearance before the Registry of this Court firstly on 10.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List the matter for final hearing in due course. Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Van

VANDANA VERMA 2023.02.06 17:17:58 -08'00'