Sheru Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8109 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE

                           CRA No. 6729 of 2023
       (SHERU KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)



Dated: 22.05.2023.

      Shri L. Shunondo Chandiramani- Advocate for the appellants.
      Shri     Tarun      Kushwah-     Government       Advocate      for       the
respondent/State.

____________________________________________________________ Heard on the question of admission.

Admit.

Call for the records.

Also heard on I.A. No.7171/2023, an application for early hearing during vacation.

For the reasons stated in the application, I.A. No.7171/2023 is allowed.

Also heard on I.A. No.7167/2023, which is an application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This appeal has been preferred against the judgment dated 25.04.2023 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District-Indore in SC ATR No.66/2016 whereby each of the appellants have been convicted and sentenced as under:-

Appellant No.1- Sheru Khan Offences U/S Conviction Fine Sentence in default of payment of Fine

148/149 of IPC 06 months of R.I. Rs.1,000/- 01 month of R.I.

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324 of IPC (for injuries 02 years of R.I. Rs.5,000/- 02 months of R.I. caused to Rajesh) 324/149 of IPC (for injuries 01 year of R.I. Rs.1,000/- 01 month of R.I. caused to Ritu) 324/149 of IPC (for injuries 01 year of R.I. Rs.1,000/- 01 month of R.I. caused to Bina) 323/149 of IPC (for injuries ---- Rs.1,000/- 01 month of R.I. caused to Lokesh) 323/149 of IPC (for injuries ---- Rs.1,000/- 01 month of R.I. caused to Sunny) 354 (in connection with 01 year of R.I. Rs.5,000/- 02 months of R.I. Ritu) 354 (in connection with 01 year of R.I. Rs.5,000/- 02 months of R.I. Bina) 354 B (in connection with 03 years of R.I. Rs.5,000/- 02 months of R.I. Ritu) 354 B (in connection with 03 years of R.I. Rs.5,000/- 02 months of R.I. Bina)

Appellant No.2- Rajiya & Appellant No.3-Sohel @ Golu

Offences U/S Conviction Fine Sentence in default of payment of Fine 148/149 of IPC 06 months of R.I. Rs.1,000/- 01 month of R.I. 324 of IPC (for injuries 01 year of R.I. Rs.1,000/- 01 month of R.I. caused to Rajesh) 324/149 of IPC (for 01 year of R.I. Rs.1,000/- 01 month of R.I. injuries caused to Ritu) 324/149 of IPC (for 01 year of R.I. Rs.1,000/- 01 month of R.I. injuries caused to Bina) 323/149 of IPC (for ---- Rs.1,000/- 01 month of R.I.

  injuries    caused     to
  Lokesh)
  323/149 of IPC (for                ----          Rs.1,000/-     01 month of R.I.
  injuries caused to Sunny)

Learned counsel for the appellants submits that the trial Court has already suspended the jail sentence till 25/05/2023 and they have been wrongly convicted. The learned trial Court has erred in appreciating the

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evidence on record. The appellants were on bail during trial and they did not misuse the liberty so granted. The fine amount has already been deposited by them. The appellants are permanent resident of District- Indore (M.P.). There are fair chances of success of this appeal. They are ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

An early hearing of this appeal is not possible. Taking into consideration the facts and circumstances of the case, the I.A. No.7167/2023 is allowed.

It is, therefore, directed that if appellant No.1 - Sheru Khan, No.2- Rajiya and No.3- Sohel @ Golu deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) each with a solvent surety each in the like amount, to the satisfaction of trial Court for their appearance before the Registry of this Court on 9th October, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

List the appeal for final hearing as per its turn. C.C. as per rules.

(S. A. DHARMADHIKARI) V. JUDGE N.R.

NARENDR Digitally
         NARENDRA
                  signed by

A KUMAR KUMAR    RAIPURIA
         Date: 2023.05.23
RAIPURIA 13:34:54 +05'30'