Citation : 2023 Latest Caselaw 14940 MP
Judgement Date : 11 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6995 of 2023
(RAJU@ RAJENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-09-2023
Shri A.K. Tiwari - Advocate for the appellant.
Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.
Record of the Court below has been received. Heard on admission.
Admitted.
Also heard on I.A. No. 12608/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 12.05.2023 delivered in SCATR No. 118/2020 by Special Judge, SC/ST (Prevention of Atrocities) Act, Khandwa.
The appellant has been convicted under Section 294 of IPC and fine of Rs.250/- and Section 3(1)(d) of SC/St Act and sentenced to undergo R.I. for six months and fine of Rs. 250/- with default stipulations.
Learned counsel for the appellant submitted that applicant is an innocent person. He has been falsely implicated in this case. The final hearing of this
appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.
The prayer is opposed by learned Panel Lawyer. Considering the short period of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 12608/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Raju @ Rajendra is hereby
suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Khandwa on 20.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
List the case for final hearing in due course. C. c. as per rules.
(ACHAL KUMAR PALIWAL) JUDGE
L.R. signed by Digitally LALIT SINGH RANA Date: 2023.09.12 16:04:59 +05'30'
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