Jaipal Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 17252 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 12598 of 2023
                                           (JAIPAL LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 16-10-2023
                                  Shri Shubham Bharadwaj - Advocate for the appellant.

                                  Shri     Pradeep      Dwivedit     -   Government       Advocate    for   the
                           respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.23640/2023, 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-Jaipal Lodhi.

The appellant has been convicted vide judgment dated 21.09.2023 passed by Special Judge, (Atrocities) Act, District Damoh in SC ATR No. 18/2017 for commission of offence punishable under Section 323 of IPC and sentenced to undergo RI for 6 months and fine of Rs. 500/-, Section 1(1)(s) of SC/ST Act and sentenced to undergo R.I. for 6 months and fine of Rs. 500/- and Section

3(2)(v-a) of SC/ST Act and sentenced to undergo RI for 6 months, with default stipulation.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Custodial sentence of appellant has already been suspended by trial Court since till 19.10.2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 10/17/2023 1:29:35 PM

suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays 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 Panel Lawyer 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 counsel for the appellant, the short sentence of the appellant and the fact that the custodial sentence of appellant has already been suspended by trial Court since 19.10.2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the

remaining jail sentence passed against appellant-Jaipal Lodhi 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 18/12/2023 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

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 10/17/2023 1:29:35 PM