Ramprasad @ Lapeta vs The State Of Madhya Pradesh
2023 Latest Caselaw 16935 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 12163 of 2023
                                       (RAMPRASAD @ LAPETA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 11-10-2023
                                 Shri Om Praksh Meena, learned counsel for the appellant.

                                 Shri Rajendra Singh Yadav, Public Prosecutor for the respondent/State.

Heard on I.A. No. 17652 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 12.09.2023 passed by

Special Judge, SC/ST (P.A) Act District Sheopur in Special Session Trial No.10/2022, whereby appellant has been convicted under Sections 323 I.P.C. and 3(2)(Va) SC/ST Act and has been sentenced to undergo rigorous imprisonment of 6 months with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant argued that the Courts below have wrongly appreciated the evidence and convicted the appellant. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. He was on bail during trial and never misused the liberty granted to him. The appeal is likely to take long time to conclude. Learned counsel for the appellant further submits that the appellant has been released by the trial Court till 12.10.2023; therefore, it has been prayed that the jail sentence of the appellant be suspended.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 11-Oct-23 5:50:40 PM

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 17652 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 13/12/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

C.C. Today.

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 11-Oct-23 5:50:40 PM