Mathura Prasad Rajak vs The State Of Madhya Pradesh
2024 Latest Caselaw 4981 MP

Madhya Pradesh High Court

Mathura Prasad Rajak vs The State Of Madhya Pradesh on 20 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 15781 of 2023
                              (MATHURA PRASAD RAJAK AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-02-2024
                                Shri B. J. Chourasiya - Advocate for the appellants.

                                Shri S. K. Gupta -Panel Lawyer for the respondent No.1 /State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence admitted for final hearing.

Heard on I.A. No.29794/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

Appellants have been convicted for commission of offence under Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act and have been sentenced to undergo R.I. for 06-06 months and fine of Rs.1000/-1000/- with

default stipulation vide judgment dated 08.12.2023 delivered by Special Judge, SC/ST (Prevention of Atrocities) Act, District Sidhi in S.C. ATR.No.03/2020 (State of M.P. Vs. Mathura Prasad Rajak and another).

Learned counsel for appellants submits that appellants have not committed any offence. They have been erroneously convicted by learned trial Court. It is submitted that in the course of trial, appellants were on bail. They have not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had

suspended the jail sentence of the appellants till 20.01.2024. Thereafter, this Court vide its order dated 08.01.2024 has extended the bail till today. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellants is not suspended, the purpose of filing this appeal would become futile. Therefore, it is prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the appellants.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.29794/2023 is allowed. The execution of jail sentence of appellants-Mathura Prasad Rajak and Rajmani Dhobi is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 08.05.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL)

JUDGE mrs. mishra