Madhya Pradesh High Court
Ajju @ Ajay Singh vs The State Of Madhya Pradesh on 19 January, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11370 of 2022
(AJJU @ AJAY SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 19-01-2023
Ms. Savita Choudhary - Advocate for the appellants.
Shri Satyapal Chaddar - Govt. Advocate for respondent No.1/ 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.23142/2022 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
Section 323/34, 506-II of IPC and Section 3(1)(x) of SC/ST (Prevention of
Atrocities) Act, 1989 and have been sentenced to undergo R.I. for 6-6 months
and fine of Rs.1000/- each wit h default stipulation vide judgment dated
29.11.2022 passed in SC ATR No.53/2015 (State of M.P. vs. Ajju @ Ajay
Singh and others) by Special Judge SC/ST (Prevention of Atrocities) Act,
Satna (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
o f the appellants till 28.12.2022. Thereafter, this Court vide its order dated
21.12.2022 has extended the bail upto 19.1.2023. 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.23142/2022
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
o f Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety
each of the like amount t o the satisfaction of the trial court with a further
direction to appear before the trial Court on 13.06.2023 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=3ece46b8e3ea2cc1fa35126c71ddf298e10aaedd7345a5efb4e
2a1a8a88446bf,
MISHRA
pseudonym=EDBA3C23FD7AA0D583DA5AD3755C3F37152C1CC0,
serialNumber=E5AB7E7C0015E02D05F4525962F1C483E415D288FB5C
7C2082F662F2BB495B44, cn=DEEPA MISHRA
Date: 2023.01.19 17:31:49 +05'30'
