Balli @ Karan Singh Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 16185 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 12041 of 2023
                                  (BALLI @ KARAN SINGH RAWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-10-2023
                                 Shri Arshad Ali - Advocate for appellants.

                                 Shri Neeraj Dhamaniya- Panel Lawyer for respondent- State.

Heard on IA No. 17436 of 2023 first application under Section 389(1)Cr. P.C. moved on behalf of appellants No. 1 to 3, namely, Balli alias Karan Singh Rawat, Ramautar alias Ramavtar Rawat and Ramroop alias Rama for suspension of jail sentence and grant of bail.

Appellants stand convicted under Section 323/34 of IPC read with Section 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo six months RI with fine of Rs.1,000/- vid e judgment of conviction and sentence dated 01st of September, 2023 passed in SCATR No. 28 of 2020 Learned Counsel for the appellants submits that the jail sentence of appellants has already been suspended by the trial Court for a period of one month from the date of passing of impugned judgment. Learned counsel further submits that appellants were on bail during trial and they did not misuse the

liberty so granted to them. Fine amount has already been deposited. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent- State submits that the victim has been informed about the filing of appeal.

Upon hearing learned Counsel for the parties but without commenting Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 04-10-2023 10:05:50 PM

upon rival contentions touching merits of the case, regard being had the short- term jail sentence of the appellants, this Court is of the view that the 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) each 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 29.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 04-10-2023 10:05:50 PM