Rakesh Kumar Choubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 7783 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2942 of 2023
                             (RAKESH KUMAR CHOUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 11-05-2023
                                Shri Sanjay Patel- Advocate for the appellants.

                                Ms. Vasundhara Shukla - Panel Lawyer for respondent / State.

None for the victim despite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also heard on I.A.No.4528/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

The appellants have been convicted for commission of offence under Section 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act and under Section 506 (Part II) of IPC and have been sentenced to R.I. for 06 months each and fine of Rs.500/- each with default stipulation vide judgment dated

13.2.2023 passed in Special Case SC ATR No.08/20282 (State of M.P. Vs. Rakesh Kumar Choubey and others) by Special Judge, SC/ST (Prevention of Atrocities) Act, Panna.

Learned counsel for the appellants has submitted that appellants have been released on bail by the trial Court itself till 12.3.2023. Thereafter, this Court vide orders dated 28.2.2023 and 12.4.2023 has extended the order of suspension of jail sentence till today. During trial they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/11/2023 5:41:12 PM

further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.4528/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 28.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/11/2023 5:41:12 PM