Madhya Pradesh High Court
Vikram Dangi vs The State Of Madhya Pradesh on 5 September, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11089 of 2023
(VIKRAM DANGI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 05-09-2023
Shri Rameshwar Rawat, learned counsel for the appellant.
Shri Purushottam Tanwar, learned Panel Lawyer for the
respondents/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 16035/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of
sentence and grant of bail.
Appellant - Vikram Dangi stands convicted under Section 323 of IPC
and sentenced t o undergo one years rigorous imprisonment with fine of
Rs.1,000/-, Section 25 (1-B)(A) of Arms Act and sentenced to undergo three
years' rigorous imprisonment with fine of Rs.500/-, Section 27 of Arms Act and
sentenced to undergo three years' rigorous imprisonment with fine of Rs.500/-
and Section 3(1)(da)(dha) of SC/ST Act and sentenced to undergo thee
months' rigorous imprisonment with default stipulations v i d e judgment of
conviction and sentence dated 14.08.2023 passed by Special Judge, SC/ST
(Prevention of Atrocities) Act, Datia (M.P.) in SC No.90/2019.
Learned Counsel for appellant submits that the impugned judgment
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 appellant without appreciating the prosecution evidence properly.
There are material contractions and omissions in the evidence of witnesses.
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 06-09-2023
10:29:58 AM
Appellant was on bail during trial and he did not misuse the liberty so granted to
him. Fine amount has already been deposited by the appellant. The jail sentence
of appellant was suspended by learned Trial Court, under Section 389(3) of
Cr.P.C. There is no likelihood of hearing of appeal in near future. On these
grounds, learned Counsel prays that execution of remaining jail sentence of
appellant may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection. It is further submitted that the victim is
informed about the filing of this appeal.
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 appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to 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 and also subject to
deposit of the fine amount (if not already deposited) for his appearance before
the Registry of this Court on 08/11/2023 and on further dates as may be
directed by the Registry in that regard.
Accordingly, I.A. No. 16035/2023 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 06-09-2023
10:29:58 AM
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 06-09-2023
10:29:58 AM
