Madhya Pradesh High Court
Gopal vs The State Of Madhya Pradesh on 7 August, 2024
1 CRA-14446-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14446 of 2023
(GOPAL Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 07-08-2024
Appellant (s) by Ms. Nupur Garg - Advocate.
Respondent - State of Madhya Pradesh by Mr. Jayesh Yadav -
Government Advocate appearing on behalf of the Advocate General.
Heard on admission.
The present appeal under Section 14 (A) (1) of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is admitted for
final hearing.
Also heard on IA No.17438 of 2023 , first application under Section
389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining
jail sentence and grant of bail to appellant No.1 Gopal S/o Hukumchand and
IA No.17442 of 2023 , first application under Section 389 (1) of Code of
Criminal Procedure, 1973 for suspension of remaining jail sentence and grant
of bail to appellant No.2 Sunil S/o Hukumchand, arising out of judgment
dated 19.10.2023 passed in Special Session Trial No.128 of 2017 by learned
Special Judge [SC / ST (POA) Act] Ujjain, District Ujjain (MP).
The appellants stand convicted by the learned trial Court under
Section 325 / 34 of Indian Penal Code, 1860, Section 3 (2) (v-a) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989,
Section 323 / 34 of Indian Penal Code, 1860 and also under Section 3 (2) (v-
a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,
2 CRA-14446-2023
1989 and sentenced to undergo rigorous imprisonment for two years with
fine of Rs.1,000/-, two years with fine of Rs.1,000/-, six months with fine of
Rs.500/- and six months with fine of Rs.500/- along with default stipulation.
Learned counsel for the appellants, while taking exception to this
impugned judgment of conviction and sentence, submits that appellants are
innocent and they have been falsely implicated in this matter. It is further
submitted that during trial, the appellants were on bail and have never
misused the liberty. Their sentence has already been suspended by the
learned trial Court. They have no criminal antecedents. The evidence has
not been appreciated in right perspective. The impugned judgment suffers
from material contradictions and omissions. The appellants have fair
chances of success in this appeal. There is no possibility of final hearing in
near future. On these miscellaneous grounds, learned counsel prays for
suspension of jail sentence and grant of bail to the appellants during
pendency of this appeal.
Per contra, learned counsel appearing on behalf of respondent / State
supported the judgment and submits that no exception can be taken in the
matter of suspension of sentence and grant of bail, regard being had to
the nature and the gravity of offence found proved against the present
appellant (s); hence he is not entitled for benefit of suspension of sentence.
Heard learned counsel for the parties and perused the record with due
care.
In the aforesaid factual backdrop, all the facts and circumstances of the
case and coupled with the fact that final hearing of this appeal is near future
3 CRA-14446-2023
is not possible, this Court, without commenting anything on merit of the
case, is of the opinion that the appellant (s) deserves suspension of his / her
sentence and grant of bail.
Accordingly, IA No.17438 of 2023 and IA No.17442 of 2023 are
allowed and it is directed that subject to deposit of fine amount (if not
already deposited) and furnishing a 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 learned trial Court, the execution of remaining
custodial part of the sentence of the appellants shall remain suspended and
they be released on bail, till final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence
before the Registry of this Court on 11.09.2024 and on all such subsequent
dates, which are fixed by the Registry in this behalf.
Accordingly, IAs stand disposed off.
List the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
