Bandu Urf Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 10021 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2870 of 2023
                                     (BANDU URF ASHOK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 03-07-2023
                                Shri Rajmani Singroul - Advocate for the appellant.
                                Shri Himanshu Tiwari - Panel Lawyer for the respondent No.1/State.

None for respondent No.2/victim despite service of notice.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.4397 of 2023, an application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant, pending the appeal.

Appellant has been convicted for commission of offence under Sections 323, 308 of IPC and Section 3(2)(v-a) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 and has been sentenced to undergo R.I. for 6 months with fine of Rs.1,000/-, R.I. for 5 years with fine of Rs.2,000/- and R.I. for 6 months with fine of Rs.1,000/- respectively with default stipulations vide judgment dated 24.11.2022 passed in SC (ART) No.- 58/2017 (State of M.P. vs. Bandu @ Ashok) by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Katni (M.P.). All the sentences have been directed to run concurrently.

Learned counsel for the appellant has submitted that appellant has been Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/3/2023 7:05:01 PM

erroneously convicted by learned trial Court as it has not properly appreciated the evidence on record. It is submitted that evidence of prosecution witnesses is full of omissions and contradictions and such omissions and contradictions have not been considered in right perspective by the learned trial Court. It is also submitted that learned trial Court was not justified in convicting the appellant under Section 308 of IPC as there was no medical report to show that injury sustained by injured was dangerous to life. No fracture was found in the injury. Further, referring to the evidence of Dr. Yashwant Verma (P.W.-6), it is submitted that in paragraph 10 of the impugned judgment, Dr. Yashwant Verma (P.W.-6) has admitted that injury caused to injured Barelal was not sufficient to

cause death. It is submitted that at the most a case under Section 325 of IPC and not under Section 308 of IPC would made out. It is further submitted that the appellant has already suffered 9 months and 15 days in jail. He has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it is prayed that custodial jail sentence of the appellant may be suspended.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Having taken into consideration the evidence of Dr. Yashwant Verma (P.W.-6) and other material available on record including the custody period served out by the appellant, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal. Consequently, I.A.No.4397 of 2023 is allowed.

It is directed that the execution of jail sentence of appellant Bandu @ Ashok is hereby suspended subject to depositing the entire fine amount, if not already deposited. It is directed that the appellant be released on bail on his Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/3/2023 7:05:01 PM

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 29.08.2023 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 as per rules.

(DINESH KUMAR PALIWAL) JUDGE

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/3/2023 7:05:01 PM