Madhya Pradesh High Court
Kallu Manjhi Mallah @ Buddhraj vs The State Of Madhya Pradesh on 20 October, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9980 of 2023
(KALLU MANJHI MALLAH @ BUDDHRAJ Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 20-10-2023
Shri Arunodaya Singh - Advocate for the appellant.
Ms. Hemlata Kshatriya - Panel Lawyer for the State.
Heard on admission.
Appeal seems to be arguable, hence admitted for final hearing.
Heard on I.A. No.18778/2023, which is the first application filed on
behalf of the appellant for suspension of sentence and grant of bail.
The appellant has been convicted under Section 3(1)(r) of SC/ST Act
and sentenced to undergo R.I. for 01 year with fine of Rs.500/-, Section 3(1)(s)
of SC/ST Act and sentenced to undergo R.I. for 01 year with fine of Rs.500/-,
and Section 3(2)(va) (two counts) of SC/ST Act and sentenced to undergo R.I.
for 01 year with fine of Rs.500/-, with default stipulations.
Learned counsel for the appellant submits that the jail sentence of
appellant was suspended by the trial court till 24.08.2023 as mentioned in the
application. Thereafter, this court vide order dated 14.08.2023 has extended the
period of bail of appellant from 24.08.2023 to 24.10.2023. The appellant was
on bail during trial and he did not misuse the liberty granted to him and also the
appeal would take considerable time to conclude. He is ready to furnish
adequate surety and shall abide by the directions and conditions, which may be
imposed by this Court. Hence, it is prayed that the application for suspension
of sentence may be considered.
O n the other hand learned counsel for the State has opposed the
contentions raised by the counsel for the appellant and prayed for its rejection.
Signature Not Verified
Signed by: SHARAN JEET
KAUR
Signing time: 10/20/2023
7:23:48 PM
Heard learned counsel for the parties and perused the record and
judgment of the Court below.
Having heard the arguments and on perusal of the record, this Court is of
the considered opinion that till disposal of this appeal, execution of jail sentence
awarded to the appellant under the impugned judgment deserves to be
suspended. Therefore, without commenting on the merit of the case, this
application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one solvent surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of appellant
shall remain suspended and he shall be released on bail for securing his
presence before the trial Court concerned on 21.12.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.
Accordingly, the I.A. stands allowed and disposed of.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
sjk
Signature Not Verified
Signed by: SHARAN JEET
KAUR
Signing time: 10/20/2023
7:23:48 PM
