Madhya Pradesh High Court
Rambalwan Meena vs The State Of Madhya Pradesh on 26 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13178 of 2023
(RAMBALWAN MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri Pavan Kumar Vijaywargiya- Advocate for the appellants.
Shri Nirmal Sharma- Public Prosecutor for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.19289/2023, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and
grant of bail.
Appellant No.1 Rambalwan stands convicted under Section 325/34 read
with Section 3(2)(va) of SC and ST Act and Section 323/34 (two counts) read
with Section 3(2)(va) of SC and ST Act, appellant No.2 Rammukesh stands
convicted under Section 325/34 read with Section 3(2)(va) of SC and ST Act
and Section 323/34 (two counts) read with Section 3(2)(va) of SC and ST Act
and appellant No.3 Munesh stands convicted under Section 325 read with
Section 3(2)(va) of SC and ST Act and Section 323/34 (two counts) read with
Section 3(2)(va) of SC and ST Act and sentenced to undergo one years' RI
with fine of Rs.1000/-, six months' RI with fine of Rs.1000-1000/-, one years'
RI with fine of Rs.1000/-, six months' RI with fine of Rs.1000-1000/-, one
years' RI with fine of Rs.1000/-, six months' RI with fine of Rs.1000-1000/-
respectively, with default stipulations vide judgment of conviction and sentence
dated 05.10.2023 passed by Special Judge (SC & ST) Atrocities Act, District
Sheopur (M.P.) in SCATR No.06 of 2021.
Learned Counsel for appellants submits that the impugned judgment
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 27-10-2023
10:53:48 AM
passed by learned Trial Court is based on assumption, conjecture and surmises.
The learned Trial Court has committed an error in convicting and sentencing the
present appellants without appreciating the prosecution evidence properly.
There are material contractions and omissions in the evidence of witnesses. The
appellants were on bail during trial and they did not misuse the liberty so
granted to them. Fine amount has already been deposited by the appellants. The
jail sentence of appellants was already suspended by learned Trial Court, under
Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in
n e a r future. On these grounds, learned Counsel prays that execution of
remaining jail sentence of appellants may be suspended and they may be
enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with
one solvent surety each in the like amount to the satisfaction of Trial Court
and also subject to deposit of the fine amount (if not already deposited) for
their appearance before the Registry of this Court on 01.12.2023 and on
further dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.19289/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy as per rules
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 27-10-2023
10:53:48 AM
(SANJEEV S KALGAONKAR)
JUDGE
shivani
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 27-10-2023
10:53:48 AM
