Narottam Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 21138 MP

Madhya Pradesh High Court

Narottam Sharma vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1                          CRA-8765-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 8765 of 2024
                              (NAROTTAM SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 05-08-2024
                               Mrs. Uma Kushwah - Advocate for the appellants.

                               Ms. Ankita Mathur - Panel Lawyer for respondent No. 1 / State.

Heard on I.A.No.15630 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been

received.

The appeal has been preferred by the appellants against the impugned judgment of conviction and sentence dated 26.7.2024 passed by Special Judge (Atrocities), Gwalior (M.P.) in SC ATR No. 347/2017, whereby, appellants have been convicted and sentenced under Sections 3(1)(r), 3(1)(s) of the SC/ST Act, Sections 323 of IPC r.w. Section 3(2)(v-a) of the SC/ST Act (two counts) to undergo maximum imprisonment of six months with maximum fine of Rs. 500/- with default stipulations.

Learned counsel for the appellants submitted that learned trial Court

has wrongly convicted the appellants without appreciating the evidence properly available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Appellants were on bail during trial and did not misuse the liberty so granted. Therefore, prayer is made for grant of temporary suspension of sentence and grant of bail for a limited period.

2 CRA-8765-2024 On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival 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, it is directed that subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended for a period of three months

from today and they be released on bail.

List the case on 03.9.2024.

Meanwhile, Registry is directed to call the record of the Court below.

(SUNITA YADAV) JUDGE

AKS