Veeru @ Shyam Sundar Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 4103 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 3349 of 2023
                                      (VEERU @ SHYAM SUNDAR RAJAK Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-03-2023
                                Shri Rinku Shakya, learned counsel for appellant.

                                Shri C.P. Singh, learned Panel Lawyer for respondent/State.

Heard on I.A.No.4468/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 03.02.2023 passed in S.S.T. No.229/2018 by Special Judge (Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guna (M.P.) whereby the appellant has been convicted and sentenced under Section 451 of IPC read with 3(2)(VA) SC/ST Act for one year RI with fine of Rs.1000/- and under Section 354 of IPC read with 3(2)(VA) SC/ST Act for one year RI with fine of Rs.1000/- and under Section 323 of IPC read with 3(2)(VA) SC/ST Act for six months RI with fine of Rs.1000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. It is also submitted that learned Trial

Court has already suspended jail sentence of the appellant for a period of one month. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/15/2023 6:11:48 PM

parties and the fact that an early hearing of this case is not possible, I.A. No.4468/2023 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.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 4th September, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.4468/2023) is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/15/2023 6:11:48 PM