Madhya Pradesh High Court
Jitendra Singh Yadav vs The State Of Madhya Pradesh on 18 January, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11538 of 2022
(JITENDRA SINGH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-01-2023
Shri Abhinav Shrivastava - learned counsel for the appellants.
Shri Satyapal Chaddar - learned Govt. Advocate for the respondent
No.1/State.
None for the 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.23406/2022 an application under Section 389(1) of the
Code of Criminal Procedure for grant of bail pending the appeal.
Appellants have been convicted for commission of offence under
Sections 341 read with Section 34 of IPC and have been sentenced to undergo
S.I. for 1-1 month; under Section 3(1)(s) of SC/ ST (Prevention of Atrocities)
Act and have been sentenced to undergo R.I. for 6-6 months and fine of
Rs.500/- - Rs.500/- with default stipulation, under Section 353 r/w Section 34 of
IPC and have been sentenced to undergo R.I. for 1-1 year and fine of Rs.1000/-
each with default stipulation and under Section 3(2)(va) of SC/ST (Prevention
of Atrocities) Act, 1989 and have been sentenced to undergo R.I. for 1-1 year
and fine of Rs.1000/- each with default stipulation vide judgment dated
18.11.2022 passed in SCATR No.86/2017 (State of M.P. vs. Jitendra Singh
and others) by Special Judge SC/ST (Prevention of Atrocities) Act, Panna
(M.P.).
Learned counsel for the appellants has submitted that in the course of
trial appellants were on bail. They have not misused the liberty granted by way
of bail during trial. It is further submitted that a short sentence has been
awarded by the trial Court and there is no possibility of hearing of this appeal in
near future. It is submitted that prosecution had not been successful before
the trial Court to prove the case. It is further submitted that after conviction and
passing of jail sentence, learned trial Court itself has suspended the jail sentence
of the appellants till 18.12.2022. Thereafter, this Court vide its order dated
14.12.2022 has extended the bail upto 18.1.2023. Trial Court has not properly
appreciated the evidence of the prosecution witnesses. Therefore, appellants
have a fair chance to succeed in this appeal. Hence, it has been prayed that the
execution of jail sentence of appellants be suspended and they be released on
bail.
On the other hand, learned counsel for the respondent/State has opposed
the 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 remaining jail sentence of the appellants.
Consequently, I.A.No.23406/2022 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 the 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 12.06.2023 and also on such other dates, as may be fixed by that
Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy today.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
DEEPA
Digitally signed by DEEPA MISHRA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=JUDICIAL, postalCode=482001, st=Madhya
Pradesh,
2.5.4.20=3ece46b8e3ea2cc1fa35126c71ddf298e1
0aaedd7345a5efb4e2a1a8a88446bf,
MISHRA
pseudonym=EDBA3C23FD7AA0D583DA5AD375
5C3F37152C1CC0,
serialNumber=E5AB7E7C0015E02D05F4525962F
1C483E415D288FB5C7C2082F662F2BB495B44,
cn=DEEPA MISHRA
Date: 2023.01.18 17:25:49 +05'30'
