Jhamendra Patle vs The State Of Madhya Pradesh
2023 Latest Caselaw 9875 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6547 of 2023 (JHAMENDRA PATLE Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023 Shri Manish Trivedi - Advocate for appellant.

Shri L.S. Baghel - Government Advocate for State.

Heard on admission.

The appeal appears to be arguable. Admit.

Heard on I.A.No.10714/2023, this is first application for suspension of jail sentence and grant of bail moved by the appellant is taken up and considered.

This Criminal appeal assails the judgment dated 28.04.2023 passed in S.C.A.T.R. No.65/2018 by Special Judge (SC/ST(P.O.A.) Act, Balaghat, Distt. Balaghat whereby the appellant has been convicted and sentenced under Sections 354 of IPC r/w Section 3(2)(5A) of SC/ST Prevention of Atrocities Act, 1989, for 1 year R.I. with fine of Rs.1,000/-

with default stipulations.

It is submitted that the appellant was on bail during trial and has not misused the liberty granted to him by the trial Court. It is further pointed out that the sentence is already suspended by the trial Court upto 03.07.2023. There is no likelihood of earlier disposal of the present appeal.

Counsel appearing for the State has opposed the application and prays for rejection of the application.

Signature Not Verified Considering the overall facts and circumstances of the case, without Signed by: VAISHALI TRIPATHI Signing time: 01-07-2023 14:53:38

expressing any opinion on the merits, I.A.No.10714 of 2023 i s allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs.50,000/-(Rs.Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

VPA

Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 01-07-2023 14:53:38