Bharat vs The State Of Madhya Pradesh
2023 Latest Caselaw 10908 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 4125 of 2023
                                           (BHARAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 14-07-2023
                                Shri Anil Kumar Tiwari - Advocate for the appellant.

                                Shri Pradeep Gupta - Govt. Advocate for the respondent/State.

None for respondent No.2 despite service of notice.

Heard on I.A.No. 6470 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 323/34 of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to SI for 06-06 months and fine of Rs.1000/- for each offence with default stipulation vide judgment dated 28.2.2023 passed in SC ATR No.54/2020 (State of M.P. vs. Bharat and another) by Special Judge, SC/ST (Prevention of Atrocities) Act, Khandwa (M.P.).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. Earlier he was released on bail

by the trial Court and even after conviction, he was released on bail till 14.6.2023. Thereafter, this Court vide its orders dated 11.5.2023 and 14.6.2023 has extended the bail till today. He has not misused the liberty granted by way of bail. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/14/2023 7:38:31 PM

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.6470 of 2023 is allowed. The execution of jail sentence of appellant Bharat is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his 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 6.9.2023 and also on such other dates, as may be fixed by that Court

in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/14/2023 7:38:31 PM