Brajesh @ Birja Gour vs The State Of Madhya Pradesh
2023 Latest Caselaw 2649 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 10324 of 2022
                              (BRAJESH @ BIRJA GOUR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-02-2023
                                Shri Sourabh Singh, learned counsel for the appellants.

                                Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.

None for respondent no.2 depsite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.21163/2022 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellants pending the appeal.

T he appellants have been convicted for commission of offence under Sections 325 r/w 34 of IPC and have been sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- each with default stipulation; Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act and have been sentenced to R.I. for 1-1

year and fine of Rs.500/- each, with default stipulation vide judgment dated 14.10.2022 passed in Special Case (ATR) No.98/2018 (State o f M.P. Vs. Brajesh @ Birja Gour and another) by Special Judge, SC/ST (Prevention of Atrocities) Act, District Raisen.

Learned counsel for the appellants has submitted that appellants have been erroneously convicted by the learned trial Court. In the course of trial, appellants were on bail and they have not misused the liberty granted by way of bail. Learned trial Court itself released them on bail till 14.11.2022. Thereafter, Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/13/2023 5:35:31 PM

this Court has extended their bail vide orders dated 14.11.2022, 5.12.2022 and 10.1.2023 till today. Learned trial Court has not properly appreciated the evidence of prosecution witnesses. Appellants have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the appellants be released on bail till the disposal of appeal.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the appellants.

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 execution of remaining jail sentence of the appellants.

Consequently, I.A.No.21163/2022 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount if not already deposited. It is directed that appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 15.06.2023 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 for final hearing in due course. Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/13/2023 5:35:31 PM