Rohit Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17240 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 5374 of 2021
                                              (ROHIT GURJAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-10-2023
                                  Shri Siddharth Datt - Advocate for appellant.

                                  Shri Amit Garg - Panel Lawyer for respondent/State.

Shri J.P. Bansal - Advocate for objector.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing.

Also heard on IA No.16384 of 2021, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail.

Appellant stood convicted under Sections 376, 323, 506 of the IPC and Sections 3(2)(v) & 3(2)(v)(a) of the SC/ST (Prevention of Atrocities Act), 1989 and sentenced to suffer R.I. for 10 years, R.I. for 01 year, R.I. for 01 year, R.I. for 10 years and R.I. for 1 year with fine of Rs.2500/-, Rs.500/-, Nil, Rs.2500/- and Rs.500/- respectively (all the jail sentences shall run concurrently) with default stipulations, vide judgment of conviction and order of sentence

dated 18.08.2021 passed by Special Judge (SC/ST (Prevention of Atrocities Act), 1989, Khandwa, District Khandwa in Special Case No.SCATR No.53 of 2019.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the parties are arrived at compromise. He further submits that parties have amicably resolved their dispute without any threat, inducement or pressure. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered. Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 17-Oct-23 9:47:57 AM

Learned counsel for objector has supported the contentions of counsel for appellant and submitted that complainant/victim has no objection if appellant is granted suspension.

Up o n hearing learned counsel for the parties and in view of the compromise arrived at between the parties which duly not opposed by learned counsel for objector, this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2021 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.16384 of 2021 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 22/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 16384 of 2021 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 17-Oct-23 9:47:57 AM