Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 2786 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 10211 of 2022
                                          (KAILASH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 15-02-2023
                                Shri Sharad Verma, learned counsel for the appellant.

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

None for respondent No.2 despite 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.20957/2022, 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 h e appellant has been convicted for commission of offence under Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities)ACt and has been sentenced to undergo R.I. for 6 months and fine of Rs.1000/- with default stipulation vide judgment dated 19.10.2022 passed in Special Case No.237/2017

(S tate o f M.P. Vs. Kailash) by Special Judge, SC/ST (Prevention of Atrocities)Act, District Chhindwara.

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 18.11.2022. Thereafter, this Court vide its orders dated 14.11.2022, 2.12.2022, 19.12.2022 and 18.1.2023 had extended the bail of the applicant till today. Learned trial Court has not properly Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/15/2023 6:19:35 PM

appreciated the evidence of prosecution witnesses. Appellant has 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.20957/2022 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: 2/15/2023 6:19:35 PM