Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 7144 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 1071 of 2013
                                               (KAILASH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-05-2023
                               Shri M.K. Chourasia - Advocate for the appellant.

                               Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A No. 12722 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Kailash arising out of judgment dated 12.09.2012 delivered in S.C. No.57/2011

b y Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 Khandwa, District Khandwa (M.P.).

The appellant has been convicted under Section 363 of the I.P.C. and sentenced to undergo rigorous imprisonment for three years with fine of Rs.500/-, under Section 366 of I.P.C. to undergo rigorous imprisonment for five years with fine of Rs.1,000/- and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to undergo life imprisonment with fine of Rs.1,000/- with default stipulations.

Learned counsel for appellant submits that this Court was kind enough in

suspending the jail sentence of appellant on 12.12.2013. In obedience of this Court's order, the appellant was released on bail and started marking his appearance before the Registry of this Court. On 17.02.2014, he appeared before the Registry but being an illiterate and rustic villager, could not understand that he has to again appear on the next date of appearance before the Registry. The absence was unintentional. During absence, he did not misuse the liberty. Since the appellant remained absent, this Court issued bailable warrant and pursuant to that, the appellant was again arrested. The final hearing Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 5/3/2023 3:07:56 PM

of this appeal will take time. Since appellant has already been granted benefit of suspension of sentence on 12.12.2013 and he never misused the liberty, he may be given the similar benefit.

Learned Government Advocate for the State opposed the prayer but did not dispute that the appellant has not misused the liberty.

Considering the aforesaid factual backdrop and without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 12722 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Kailash is hereby suspended and it is

directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Khandwa on 12th June, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                           (SUJOY PAUL)                                  (AVANINDRA KUMAR SINGH)
                              JUDGE                                               JUDGE
                         HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 5/3/2023
3:07:56 PM