Madhya Pradesh High Court
Imarati Bai vs The State Of Madhya Pradesh on 10 May, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6033 of 2023
(IMARATI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-05-2023
Shri Kuljeet Kushwha-Advocate for the appellants.
Shri Jitendra Singh Parihar- Panel Lawyer for the respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Record of the trial Court be requisitioned.
Heard on I.A No.9750/2023 which is an application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants
arising out of judgment dated 26.04.2023 delivered in S.C.ATR No.147/2017
by the Special Judge (SC/ST), District Balaghat.
The appellants have been tried and convicted for the offences punishable
under sections 294, 323, 506 and 34 of IPC and section 3(1)(r), 3(1)(s) and 3(2)
(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (hereinafter referred to as the "Act of 1989") and sentenced to suffer R.I.
for three months and fine of Rs.500/- under section 323/34 IPC read with
section 3(2)(va) of the Act of 1989 to the appellant no.2 and sentenced to suffer
R.I. for three months and fine of Rs.500/- under section 323/34 IPC read with
section 3(2)(va) of the Act of 1989 and sentenced to suffer R.I. for six months
and fine of Rs.500/- under section 3(1)(s) of the Act of 1989 to the appellant
no.1. All the sentences have been directed to run concurrently.
According to the prosecution case, the complainant lodged an FIR on
27.10.2017 at about 11:00 a.m. alleging that she was sapling garlic plants
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
on a government land, accused Kailash and Imarati Bai started abusing her
with filthy language and caused injuries with kicks and fists.
In addition to the grounds mentioned in the application for suspension
of sentence and grant of bail, learned counsel for the appellants submits
that the learned trial Court has not properly appreciated the oral and
documentary evidence available on record. Learned counsel for the
appellants submits that the altercation took place on account of sapling of
garlic plants on a government land. The appellants were falsely implicated.
The learned trial Court has committed error in convicting the appellants
and sentencing them with imprisonment for the aforesaid offences. Final
disposal of instant appeal would take considerable time. The appellants
were in judicial custody from 14.12.2017 to 15.12.2017 during trial and
from the date of judgment i.e. 26.04.2023 till date. Hence, prayer has been
made to suspend the jail sentence of the appellants and release them on
bail.
Learned Panel Lawyer opposed the prayer for suspension of sentence.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, this Court deems it proper to suspend the
remaining jail sentence of t h e appellants-Imarati Bai and kailash.
Accordingly, I.A No. 9750/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellants is hereby suspended and it is directed that
the appellants shall be released on bail upon their furnishing a personal bond for
a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent
surety of the like amount each to the satisfaction of the trial Court with a further
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
direction to appear before the trial Court, Balaghat on 14th July, 2023 and
also on such other dates as may be fixed by the trial Court in this regard during
the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
