Vinod Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 16501 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 12583 of 2023
                                          (VINOD THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 06-10-2023
                                 Shri Gourav Singh Thakur - Advocate for appellant.

                                 Shri Akhilendra Singh - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.23628/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 24/08/2023 passed b y Special Judge, SC/ST (POA) Act, Raisen, District Raisen in SCATR No.168/2017 for the offence punishable under Section 3(1)(s) of SC/ST Act and sentenced to undergo RI for 6 months with fine o f Rs.200/- with default stipulations.

Learned counsel for the appellant submitted that the trial Court has

already suspended the jail sentence of the appellant till 07/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 07-Oct-23 10:16:35 AM

counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellants till 07/10/2023 and according to listing policy the hearing of this appeal will take time, the application i.e IA No.23628 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Vinod Thakur shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such

further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 07-Oct-23 10:16:35 AM