Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 8074 MP

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                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                     CRA No. 6610 of 2023
                                                    (KAILASH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       Dated : 18-05-2023
                                                Shri Santosh Sahu - Advocate for the appellants.

                                                Shri Nitin Gupta - Deputy Government Advocate for the respondent-

State.

Appeal is admitted for final hearing.

Heard on I.A. No.10812/2023, an application for suspension of

sentence, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellants - Kailash, Rama Bai, Sandeep and Sanjay.

It is submitted that appellants stand convicted by learned Court of Special Judge SC/ST (Prevention of Atrocities) Act, Khandwa, in SCATR No.124/2020, Crime No.03/2020, Police Station Ajak, Khandwa vide judgment dated 04.05.2023 under Section 3(1)(da) and 3(1)(dha) of SC/ST (Prevention of Atrocities) Act, 1989 and have been sentenced to undergo 6 months R.I. and 6 months R.I. along with fine of Rs.100/- with default stipulation each

respectively.

It is submitted by learned counsel for the appellants that the appellants are already on bail till 04.06.2023. They have never misused the liberty afforded to them. Appellants have good chances of success in the appeal. Therefore their period of jail sentence be suspended.

Shri Nitin Gupta, learned counsel for the State opposes the prayer. Signature Not Verified SAN

However, taking these facts into consideration that the appeal is going to Digitally signed by MRS. LORETTA RAJ Date: 2023.05.19 10:50:20 IST

take time for its conclusion and there are good chances of success in the

appeal, without commenting on the merits of the case, this Court is of the considered view that it is a fit case where execution of remaining part of jail sentence of appellants - Kailash, Rama Bai, Sandeep and Sanjay shall remain stayed.

Accordingly, I.A. No.10812/2023 is allowed. I t is directed that on depositing of fine amount, if not already deposited and on their furnishing a personal bond to the tune of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the trial Court on 4th July, 2023 and, thereafter, learned trial Court shall

fix the dates which shall not be more than twice in a calendar year for appearance of the appellants, the appellants be released on bail and their substantive sentence under appeal shall remain suspended.

Certified copy as per rules.

(VIVEK AGARWAL) V. JUDGE

Loretta

Signature Not Verified SAN

Digitally signed by MRS. LORETTA RAJ Date: 2023.05.19 10:50:20 IST