Nirpat Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17593 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                        CRA No. 11833 of 2023
                                        (NIRPAT SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 19-10-2023
                                  Mr. Nitin Goyal, Advocate for the appellant.

                                  Mr. P.P.S. Bazeeta, Dy. P.P. for respondent No. 1 - State.

Admit.

Heard on I.A. No. 17102 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 04.9.2023 passed by Special Judge, SC/ST (P.A.) Act, Guna (M.P.) in SC ATR Case No. 168/2018, whereby appellant has been convicted and sentenced under Section3(1)(za)(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of 3 years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the

prosecution witnesses. Further argument is that appellant has already served one and half months of incarceration out of total jail sentence. He was on bail during trial and did not misuse the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/19/2023 04:50:34 AM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 17102 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one 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. He is further directed to mark his appearance before the Office of this Court on 13.12.2023 and on subsequent dates given by the Office in

this regard, till final disposal of this appeal.

List the case for final hearing in due course. 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/19/2023 04:50:34 AM