Madhya Pradesh High Court
Rahul vs The State Of Madhya Pradesh on 18 October, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5590 of 2023
(RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-10-2023
Shri Akash Rathi - learned counsel for the appellants.
Shri K. K. Tiwari - Govt. Advocate for the respondent/State.
Heard on I.A. No.12579/2023, which is first application filed under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf
of appellant - Rahul S/o Bhagwan Singh Kushwah.
2. The appellant has been convicted vide judgement of conviction and order of
sentence dated 29.03.2023 passed by the learned Special Judge (Scheduled Cast and
Scheduled Tribe (Prevention of Atrocities) Act), Ujjain, District Ujjain (M.P.) in SST
No.131/2017 as mentioned below:
C O NVIC TIO N SENTENC E
Imprisonme nt Fine De fault Stipulation
Sec 341 IPC r/W Sec 3(2)(Va) R.I. for 01 year Rs. 200/- Additional R.I. for 07 days
of SC/ST (Prevention of
Atrocities) Act
Sec 323 IPC(in respect of R.I for 01 year Rs. 500/- Additional R.I. for 15 days
Jitendra)
Sec 323 IPC r/W Sec 3(2)(Va) R.I. for 01 year Rs. 500/- Additional R.I. For 15 days
of SC/ST (Prevention of
Atrocities)Act in respect of
Dharmendra
Sec 506(2) IPC r/W 3(2)(Va) of R.I. for one year Rs. 500/- Additional R.I. for 15 days
SC/ST (Prevention of
Atrocities)Act
Sec 394 IPC R.I. for 05 years Rs.1,000/- Additional R.I. for 30 days
Sec 3(2)(V) of Life Imprisonment Rs. 1,000/- Additional R.I. For 30 days.
SC/ST (Prevention of
Atrocities) Act
3. The prosecution story found to be proved is that, on 03.08.2017, complainant
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2023
6:59:25 PM
Dharmendra lodged a report stating that on the date of incident at about 7:00 p.m., when
he was returning back to home from Ramwasa Square, appellant intercepted him and
started demanding illicit money as commission for sale of land and when he denied,
appellant started beating the him. Thereafter, appellant gave a call to the complainant's
brother Jitendra to bring money. When Jitendra reached there, appellant alongwith other
accomplices beat them. Accordingly, crime was registered against the appellant and
other co-accused persons.
4. Learned counsel for the appellant submits that the appellant has been falsely
implicated in the case. From the bare reading of FIR, it is seen that no offence under
the Scheduled Cast and Scheduled Tribe (Prevention of Atrocities) Act has been
committed by the present appellant. It is a case of simple injury. Final hearing of this
appeal will take considerable time, hence the jail sentence of the appellant be suspended
and he be released on bail.
5. Per contra, learned Government Advocate for the respondent/State supported
the impugned judgment and prays for rejection of the application for suspension of
sentence.
6. Looking to the facts and circumstances of the case and considering the
evidence available on record against the appellant, coupled with the fact that final hearing
of this appeal is not possible in near future, I.A. No.12579/2023 is allowed and the jail
sentence of the appellant - Rahul S/O Bhagwan Singh Kushwah shall remain suspended.
7. It is directed that subject to depositing the fine amount, if already not
deposited, appellant shall be released on bail, on furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of trial Court, for his appearance before the concerned trial Court firstly
on 18.12.2023, and on such other dates, as may be fixed by the concerned Court in this
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2023
6:59:25 PM
regard, till final disposal of this appeal.
8. List for final hearing as per its turn.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2023
6:59:25 PM
