Bhagwan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4283 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 3683 of 2023
                   (BHAGWAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 17-03-2023
      Shri Gagan Sharma- Advocate for the appellant.

      Shri R.K.Awasthi- Government Advocate for the respondent/State.

Let record of the trial Court be requisitioned.

Heard on I.A.No.4821/2023, an application for suspension of sentence. The trial Court has convicted the appellant under Section 324 of IPC r/w Section 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act and sentenced to undergo one year's RI with fine of Rs.2,000/- and under Section 323 of IPC r/w Section 3(2)(va) of SC & ST Act and sentenced to undergo six months' R.I. with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 14.02.2023 passed by Special Judge SC&ST (P.A), District Guna in S.T.No.29/2018.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. Learned trial Court has committed error in holding the appellant guilty for the aforesaid

offences. The trial Court has already suspended his sentence till 16.03.2023. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties and perused the record. Having considered the rival submissions, the appellant was on bail during

trial and he did not misuse the liberty granted to him, trial Court has already suspended the sentence till 16.03.2023, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent sureties in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 10.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for admission alongwith record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Avi Digitally signed by ABHISHEK CHATURVEDI Date: 2023.03.17 18:03:17 +05'30'