Madhya Pradesh High Court
Dhiraj Kurmi (Patel ) vs The State Of Madhya Pradesh on 3 October, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8680 of 2023
(DHIRAJ KURMI (PATEL ) Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 03-10-2023
Shri R. K. Patel - Advocate for the appellant.
Mrs. Nalini Gurung - Panel Lawyer for the respondent/State.
None for the respondent No.2 despite service of notice.
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima facie, this appeal seems to be arguable. Hence admitted for final
hearing.
Heard on I.A. No.16173/2023, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the
appeal.
Appellant has been convicted for commission of offence under Sections
451 and 354 of IPC and has been sentenced to R.I. for 06 months and 01 year
respectively and fine of Rs. 500/- for each offence; under Section 3(1)(W)(i)
and 3(2)(va) of SC/ST (Prevention of Atrocities) Act and has been sentenced
to undergo R.I. for 06 months and 01 year respectively and fine of Rs.500/-
each with default stipulation vide judgment dated 27.6.2023 delivered by
Special Judge, (Atrocities) Act, District Damoh in S.C.- ATR 20/2017 (State
of M.P. Vs. Dhiraj Kurmi (Patel).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court.
The learned trial court has not properly appreciated the evidence of prosecution
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/4/2023
11:38:54 AM
and defence witnesses and has not taken into consideration various omissions
and contradictions appeared in their evidence. It is further submitted that in the
course of trial appellant was on bail. He has not misused the liberty granted by
way of bail during trial. Even after conviction and passing of order of jail
sentence, learned trial Court itself had suspended the jail sentence of the
appellant till 26.7.2023. Thereafter, this Court vide its orders dated 19.7.2023
and 28.8.2023 extended the suspension of jail sentence till today. The appellant
has fair chance to succeed in the appeal. It is further submitted that a short
sentence has been awarded by the trial Court and there is no possibility of
hearing of this appeal in near future. Therefore, if the execution of jail sentence
of appellant is not suspended, the purpose of filing this appeal would become
futile. Therefore, it has been prayed that the execution of jail sentence of
appellant may be suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellant.
Consequently, I.A. No.16173/2023 is allowed. The execution of jail
sentence of appellant- Dhiraj Kurmi (Patel) is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 20.12.2023 and also on such other dates, as may be
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fixed by that Court in this regard during the pendency of this appeal.
Signed by: DEEPA MISHRA
Signing time: 10/4/2023
11:38:54 AM
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/4/2023
11:38:54 AM
