Madhya Pradesh High Court
Mithun Meena vs The State Of Madhya Pradesh on 9 November, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13197 of 2023
(MITHUN MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 09-11-2023
Shri Jitendra Kumar Sharma, Advocate for the appellants.
Shri Prabhakar Kushwah, Panel Lawyer for the respondent/ State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.No.19315 of 2023, which is first application under
Section 389(1) of CrPC moved on behalf of appellants Mithun Meena and
Narendra Meena for suspension of sentence and grant of bail.
Appellants stood convicted under Section 457 of IPC read with 3(2) (va)
of S.C. S.T Act and 427 of IPC read with Section 3 (2) (va) of S.C. S.T Act
and sentenced to undergo one year's RI with fine of Rs.1000/- and one year's
RI with fine of Rs.1000/- respectively each with default stipulations, vide
impugned judgment of conviction and sentence dated 3rd October, 2023
passed by Special Judge, S.C S.T (Prevention of Atrocities) Act, Sheopur in
SCATR/36/2022.
Learned counsel for the appellants, in addition to the grounds mentioned
in the application, submits that the learned Trial Court has committed an error in
convicting and sentencing the present appellants without appreciating the
prosecution evidence properly. There are material contradictions and omissions
in the evidence of witnesses. The appellants were on bail during trial and they
did not misuse the liberty so granted to them. Fine amount has already been
deposited by appellants. There is no likelihood of early hearing of the appeal in
near future. On these grounds, learned counsel prays that the execution of
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 09/11/2023
8:09:33 PM
remaining jail sentence of appellants may be suspended and they may be
enlarged on bail.
Per contra, learned counsel for the respondent State opposes the
application and prays for its rejection.
Upon hearing learned Counsel for parties but without commenting upon
rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly, directed that execution of
remaining jail sentence of appellants shall remain suspended during pendency
of this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one
solvent surety each in the like amount to the satisfaction of Trial Court and
also subject to deposit of the fine amount (if not already deposited) for their
appearance before the Registry of this Court on 22-12-2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, aforesaid IA stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Rks
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 09/11/2023
8:09:33 PM
