Kalyan Singih Rajpoot vs The State Of Madhya Pradesh
2023 Latest Caselaw 2651 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 204 of 2023
                                     (KALYAN SINGIH RAJPOOT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-02-2023
                                Shri Saurabh Singh, learned counsel for the appellant.

                                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.23266/2022 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant pending the appeal.

T he appellant has been convicted for commission of offences under Sections 323 of IPC and Section 3(1)(r) of SC/ST (Prevention of Atrocities Act) and has been sentenced to undergo R.I. for 6-6 months and fine of Rs.200/- each with default stipulationvide judgment dated 2.12.2022 passed in

Special Case ATR No.112/2017 (State o f M.P. Vs. Kalyan Singh Rajput) by Special Judge, SC/ST (Prevention of Atrocities) Act, District Raisen.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. In the course of trial, appellant was on bail and he has not misused the liberty granted by way of bail. Learned trial Court itself released him on bail till 16.1.2023. Thereafter, this Court has extended his bail vide order dated 10.1.2023 till today. Learned trial Court has not properly appreciated the evidence of prosecution witnesses. Appellant has Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/13/2023 5:35:31 PM

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 appellant 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 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 execution of remaining jail sentence of the appellant.

Consequently, I.A.No.130/2023 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine

amount if not already deposited. It is directed that 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 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