Madhya Pradesh High Court
Mahesh Prasad Pathak vs The State Of Madhya Pradesh on 17 January, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 308 of 2023
(MAHESH PRASAD PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 17-01-2023
Shri Teekaram Kurmi- learned counsel for the appellants.
Shri S. K. Yadav - learned Dy. Govt. Advocate for the respondent/State.
None for respondent No.2 despite service of notice.
Heard on I.A. No.1030/2023.
After due consideration, the same is allowed.
Appellant is permitted to implead the name of complainant as respondent
No.2 within 7 working days from today.
Call for the trial Court record.
Heard on I.A. No.226/2023, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the
appeal.
Appellant No.1 has been convicted under Section 323/34 of IPC read
with Section 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act on two counts
and has been sentenced to R.I. for six months and fine of Rs.500/- and
appellants No.2 and 3 have been convicted for commission of offence under
Sections 323/34 of IPC read with Section 3(2)(v-a) of SC/ST Act (on two
counts) and have been sentenced to R.I. for 6 months and fine of Rs.500/-
with default stipulation and under Section 3(1)(s) of SC/ST (Prevention of
Atrocities) Act and has been sentenced to S.I. for six months and fine of
Rs.500/- with default stipulation and under Section 294 of IPC and have been
sentenced to S.I. for one month vide judgment dated 24.12.2022 passed in
Special Case Atrocities No.200162/2016 (State of M.P. vs. Mahesh Prasad
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 1/18/2023
10:53:55 AM
Pathak and others) by Special Judge (Atrocities), District Damoh (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 further submitted that after conviction and passing of jail
sentence, learned trial Court itself has suspended the jail sentence of the
appellants till 23.1.2023. It is submitted that prosecution had not been
successful before the trial Court to prove the case. 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.226/2023 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 12.6.2023 and also on such other dates, as may be fixed by that
Signature Not Verified
Court in this regard during the pendency of this appeal.
Signed by: DEEPA MISHRA
Signing time: 1/18/2023
10:53:55 AM
List this case for arguments on admission after receipt of record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 1/18/2023
10:53:55 AM
