Shekhar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3700 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 9673 of 2022
                                         (SHEKHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 02-03-2023
                                Shri R.S. Yadav-Advocate for the appellant.

                                Shri Jitendra Parihar-Panel Lawyer for the respondent/State.

Shri Nitin Shukla-Advocate for the objector/respondent No.2.

Trial Court record has been received.

Heard on admission.

Primafacie, this appeal seems to be arguable. Hence, admitted for final hearing.

Learned counsel for the objector seeks two weeks' time to file objection in writing.

Appellant is in jail and only six months sentence has been awarded. Therefore, there is no need to file objection in writing.

Hence, prayer is declined.

Heard on I.A. No.5181/2023, 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.

T h e appellant has been convicted for commission of offence under Section 294 of IPC and Section 3(1)(R)(S) of the SC/ST (Prevention of Atrocities) Act and has been sentenced to six months RI and fine of Rs.1,000/- with default stipulation vide judgment dated 14.10.2022 passed in Special Case No.114/2017 (State of M.P. Vs. Shekhar) by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Chhindwara.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 3/3/2023 3:12:51 PM

Learned counsel for the appellant has submitted that appellant is in jail since 27.02.2023. During trial he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that he be released on bail.

O n the other hand, learned counsel for the respondent/State as well as learned counsel for the objector have opposed the prayer for grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is

no possibility of hearing of this appeal in near future, I am inclined to release the appellant on bail.

Consequently, I.A.No.5181/2023 is allowed. The execution of jail sentence of appellant- Shekhar 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 26.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 3/3/2023 3:12:51 PM