Vinay vs The State Of Madhya Pradesh
2023 Latest Caselaw 8105 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 6833 of 2023
                                           (VINAY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 22-05-2023
                                Shri Nilesh Manore - Advocate for appellant.

                                Shri Hemant Sharma - Government Advocate for the respondent/State.

Heard on IA.No.7413/2023, which is an application for urgent hearing and hearing during summer vacation.

On due consideration, application is allowed and matter is taken up for

hearing.

Also heard on I.A.No.7412/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Vinay.

Appellant stands convicted vide judgment dated 29/04/2023 passed in SC ATR No.154/2018 by Special Judge (SC/ST Act), Dhar, District Dhar (M.P.) under Section 323/34 of Indian Penal Code, 1860 and Section 3(1)(r) and 3(2)(VA) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and has been sentenced to undergo 06 months RI with

fine of Rs.1,000/-, 06 months RI and Rs.1,000/- and 06 months RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court till 30/05/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/23/2023 11:57:26 AM

appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due appreciation of evidence, has convicted the appellant, hence, his application for suspension of sentence is liable to be dismissed.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that

appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.7412/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 01/12/2023 and on all such subsequent dates, which are fixed in this behalf.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/23/2023 11:57:26 AM

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) V. JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/23/2023 11:57:26 AM