Amrat vs The State Of Madhya Pradesh
2023 Latest Caselaw 10760 MP

                                                                1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE

                                                    CRA No. 8643 of 2023
                                               (AMRAT Vs THE STATE OF MADHYA PRADESH)



                           Dated : 12-07-2023
                                 Smt. Sharmila Sharma - Advocate for the appellant.
                                 Shri H.S Rathore - GA for the respondent/State.

____________________________________________________________ Heard on I.A. no. 9997/2023 which is an application filed under section 389 (1) of Cr.P.C on behalf of appellant Amrat for grant of bail and suspension of remaining jail sentence.

2/ The appellant has been convicted under section 323 of IPC and section 3(2)(5-a) of SC & ST ( Prevention of Atrocities) Act and sentenced to undergo 3 months R.I with fine of Rs. 500/- and six months R.I with fine of Rs. 500/- respectively with default stipulation.

3/ Learned counsel for the appellant contended that the appellant is innocent and has been falsely implicated in this offence. After passing the judgment, his jail sentence has been suspended by the trial Court. During trial, he was remained on bail and he has not misused the liberty granted to him. There is material contradictions and omissions in the statement of the prosecution witnesses There is strong case in favour of the appellant. Final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal.

4/ Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellant

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 12-07-2023 17:49:36

by submitting that the appellant has been properly convicted and sentenced by the trial Court.

5/ Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant was remained on bail during trial and he has not misused the liberty granted to him and final disposal of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant

6/ Accordingly, IA No. 9997/2023 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 18/12/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 12-07-2023 17:49:36