Guddu Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 18933 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 8774 of 2023
                               (GUDDU VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 08-11-2023
                                 Shri R.S.Saini - Advocate for appellants.

                                 Shri A.N.Gupta - Government Advocate for respondent /State.

As per report of the Government Advocate dated 15.09.2023, notice has been served to victim but no one appeared today.

Heard on I.A. No.16396 of 2023, this is first application for suspension

of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellants.

T h e appellants have been convicted vide judgment dated 23/6/2023 passed by Special Judge (Atrocities) Act, District Damoh in SCATR. No. 200093/2016 and appellants have been found guilty for commission of offence punishable under Sections 148 of IPC read with section 3(2)(5-a) of SC/ST Act & sections 324/149, 323/149 of IPC and section 3(2)(5-A) of SC/ST Act with regard Babloo @ Chaturbhuj Ahirwar and sentenced to undergo RI for 6 months and to pay fine amount of Rs.500/-, sentenced to undergo RI 1 year

and to pay fine amount of Rs.500/-, sentenced to undergo RI 6 months and sentenced to undergo RI 1 year and to pay fine amount of Rs.500/- for each offence respectively with usual default stipulations.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 09-11-2023 12:05:20

suspended, then the appeal filed by appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.

O n the other hand, learned Government Advocate has opposed the contention raised by learned counsel for appellants and prays for rejection of said application.

Looking to the fact that earlier vide orders dated 11/09/2023, period of suspension of sentence has already been extended by this Court till next date of hearing and according to listing policy the hearing of this appeal will take time,

the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellants s hall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with two separate surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course

(GAJENDRA SINGH) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 09-11-2023 12:05:20