Chitar Bhoi vs The State Of Madhya Pradesh
2023 Latest Caselaw 8196 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 6971 of 2023
                                                (CHITAR BHOI Vs THE STATE OF MADHYA PRADESH)

                            Dated : 05-06-2023
                                  Shri Ankur Maheswari - Advocate for appellant.

                                  Shri Dinesh Savita - Govt. Advocate for respondent/State.

Heard on question of admission.

Appeal being arguable is admitted for final hearing. I.A. No.9427 of 2023 an application for urgent hearing during summer

vacation is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A No. 9426 of 2023, an application under Section 389 of the Cr.P.C for suspension of sentence and grant of bail to appellant - Chitar Bhoi arising out of judgment dated 11.04.2023 delivered in SC ATR 60/2021 by Special Judge SC/ST (Atrocities) Act, District Sheopur (M.P.).

The appellant has been convicted under Section 323 of IPC r/w 3(2)(va) of SC/ST Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent

and has falsely been implicated in the present case. The trial Court erred in appreciating the witnesses and wrongly convicted the appellant in the present case. The sentence of the appellant has already been suspended by the trial Court up to 05.06.2023. The appellant is permanent resident of District - Sheopur, therefore, there is no possibility of his absconsion or tempering with the evidence and witnesses. The final hearing of this appeal will take time. The remaining jail sentence of this appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/6/2023 10:49:59 AM

objection.

Heard the rival parties and perused the documents appended thereto. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, this Court deems it proper to suspend the remaining jail sentence of the appellant till the decision of instant appeal. Accordingly, I.A No. 9426 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant- Chitar Bhoi is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent

surety in the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 25th September, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Registry is directed to call for the record of the Court below. List this case for final hearing in due course. Certified copy as per rules.

(DWARKA DHISH BANSAL) V. JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/6/2023 10:49:59 AM