Rupesh Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17495 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                          CRA No. 12610 of 2023
                                           (RUPESH RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 18-10-2023
                                  Shri A.K. Kurmi - Advocate for the appellant.

                                  Shri Ajay Tamrakar - Panel Lawyer for the respondent No.1/State.

None for the respondent No.2/victim, despite service of notice.

Heard on admission.

Admit.

Let record of the Court below be requisitioned. Also heard on I.A.No.23658 of 2023, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The appellant has been convicted vide judgment dated 23/09/2023 passed by Special Judge (POA) Sagar, District Sagar in SCATR No.200144/2016 for the offence punishable under Sections 354-A(1)(i) of IPC and Sections 3(1)(W) (1), 3(2)(5-A) of the SC/ST (Prevention of Atrocities) Act and sentenced him to undergo RI for one year with fine of Rs.500/-, R.I. for one year with fine of

Rs.500/- and R.I. for one year with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 20/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses, hence he has prayed for suspension of jail sentence and release the appellant on bail till final disposal of the appeal. Signature Not Verified Signed by: ANURAG SONI Signing time: 19-10-2023 10:10:45

On the other hand, learned counsel 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 trial Court has already suspended the jail sentence of the appellant till 20/10/2023 and according to listing policy the hearing of this appeal will take time, application i.e. IA No.23658 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during 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.25,000/- (Rs. twenty five 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

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 19-10-2023 10:10:45