Kabul Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17123 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 11216 of 2023 (KABUL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 13-10-2023 Shri Brijendra Singh - Advocate for the appellant.

Shri R.S. Yadav - Public Prosecutor for the State. Heard on I.A.No.16199 of 2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole appellant.

This criminal appeal has been filed against the judgment dated 02.08.2023

passed in SCATR No.49/2021 by Special Judge (Atrocities), Sheopur (M.P.), whereby the appellant has been convicted under Sections 324 of IPC and Section 3(2)(va) of SC/ST Act and sentenced to undergo One Year R.I. with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly b een convicted the appellant without considering the documents on record. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that the appellant has already served more than two months of incarceration as against one year R.I. awarded. The

appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

O n the contrary, learned counsel for the State has vehemently opposed the application and prayed for its rejection.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.16199 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-10-2023 06:19:41 PM

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 18/12/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 13-10-2023 06:19:41 PM