Gudda @ Badri Prasad Malivya vs The State Of Madhya Pradesh
2023 Latest Caselaw 11047 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                            CRA-8754-2023
     (GUDDA @ BADRI PRASAD MALVIYA Vs . STATE OF MADHYA
                               PRADESH)

DATED:- 17-07-2023

      Shri Rohit Bansal- Advocate for the appellant.
      Shri Rajendra Singh Yadav - Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Let record of the trial Court be called for.

Also heard on I.A.No.12439/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant- Gudda @ Badriprasad Malviya.

This appeal has been preferred under Section 374 (2) of Cr.P.C. against the judgment dated 24/06/2023 passed by learned Special Judge of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District- Vidisha (M.P.) in SCATR. No.90/2016, whereby the appellant has been convicted and sentenced as under:-

       Section                Sentence          Fine (Rs.)      Default
                                                              Stipulation
      354 of IPC              1 Year RI              1000/-   30 days' RI

Learned counsel for the appellant submits that appellant has been falsely implicated in this case. Appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. Learned trial Court has already suspended his jail sentence for a period of one month from the date of passing of the judgment. Appellant is the permanent resident of District- Vidisha (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.12439/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and appellants shall be released on bail.

I.A. No.12439/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for

necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe779

PARIHAR 53f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575 E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.18 11:28:16 +05'30'