Vikki vs The State Of Madhya Pradesh
2024 Latest Caselaw 16604 MP

Madhya Pradesh High Court

Vikki vs The State Of Madhya Pradesh on 11 June, 2024

                                                               1                                 CRA-6268-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 6268 of 2024
                                             (VIKKI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 11-06-2024
                                 Shri Ravinandan Dwivedi - Advocate for the appellant.

                                 Ms. Kamlesh Tamrakar - Panel Lawyer for respondent/State.

Heard on IA No.14305/2024 for urgent hearing during summer vacation. For the reasons so stated in the application, IA No.14305/2024 is allowed.

Also heard on I.A. No.12517/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

Appellant has been convicted under Sections 456 of the IPC, Section 354 of the IPC read with Section 3-2(V-ka) of the SC/ST Act, Section 354-(ka) (1)(i) of the IPC read with Section 3-2(V-ka) of the SC/ST Act, Section 354- kha of the IPC read with Section 3-2(V-ka) of the SC/ST Act and Section 3(1) (w)(i) of the SC/ST Act, 1989 and sentenced to undergo R.I. for three years, three years, three years, three years and one year with fine of Rs.1000/-, Rs.1000/-, Rs.1000/-, Rs.1000/- and Rs.500/- respectively, with default

stipulations.

It is submitted by learned counsel for the appellant that appellant is in jail since date of judgment. He has falsely been implicated in the case. There is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellant. Looking to the short term sentence, jail sentence of appellant may be suspended and appellant may be released on bail.

Learned Panel Lawyer for the State opposed the application for suspension of sentence.

2 CRA-6268-2024 Heard the counsel for the parties.

Considering the aforesaid and also the fact that hearing of this appeal will take long time, and also considering the short term of sentence, I.A.

No.12517/2024 for suspension of sentence is allowed.

It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and on deposit of fine amount, if already not deposited, appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of

this Court on 22.07.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

(BINOD KUMAR DWIVEDI) V. JUDGE

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