Santosh Namdeo vs The State Of Madhya Pradesh
2023 Latest Caselaw 7130 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 CRA No. 5511 of 2023
                                                  (SANTOSH NAMDEO Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 02-05-2023
                                          Shri Raghuvansh Prasad Mishra - Advocate for the appellant.

                                          Shri Vinod Mishra - Panel Lawyer for the State.

                                          Heard on I.A. No. 8708 of 2023, which is an application for suspension
                                   of sentence and grant of bail filed on behalf of the appellant.
                                          The appellant has been convicted by impugned judgment passed by the

                                   trial Court for offences punishable under Sections 354 (a) (1) (i) of the Indian
                                   Penal Code r/w section 3 (2) (va) of the Scheduled Castes and Scheduled
                                   Tribes (Prevention of Atrocities) Act, 1989 (in short 'the 1989 Act') and Section
                                   3 (1) (w) (i) (ii) of the 1989 Act and has been sentenced to undergo RI for 1
                                   year (fine Rs.2,000/-) and RI for 6 months (fine Rs.500/-) with default
                                   stipulation.
                                          Learned counsel for the appellant has submitted that the trial Court has
                                   no t properly appreciated the oral and documentary evidence on record and
                                   committed error in convicting the appellant for aforesaid offence. Maximum

                                   sentence awarded to the appellant is RI for 1 year. It is submitted that the trial
                                   court has already suspended the jail sentence of the appellant till 12.06.2023.
                                   Disposal of this appeal would take considerable time, therefore, the jail sentence
                                   of the appellant may be suspended.
                                          Learned Panel Lawyer has opposed the application
                                          Although record is not available, however, looking the nature of offence
Signature Not Verified
  SAN


                                   and period of jail sentence awarded to the appellant, I find it to be a fit case to
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.05.03 18:53:32 IST
                                   suspend the jail sentence of the appellant and to enlarge him on bail, therefore,
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                                   without commenting on the merit of the case, the application is allowed.
                                         I t is directed that subject to depositing the fine amount, if not already
                                   deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees
                                   Thirty Thousand only) with one surety in the like amount to the satisfaction of
                                   the trial Court concerned, the remaining jail sentence of appellant - Santosh
                                   Namdeo shall remain suspended and he shall be enlarged on bail. The appellant
                                   shall appear before the trial Court concerned on 03.10.2023 and on such other
                                   dates as may be fixed in this regard during pendency of this appeal.
                                         Record be requisitioned.
                                         State shall serve the notice of this case on the respondent No.2.

List for admission after ensuing summer vacation.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:32 IST