Sohan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16770 MP

Madhya Pradesh High Court

Sohan vs The State Of Madhya Pradesh on 27 June, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                             1                               CRA-7124-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 7124 of 2024

(SOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 27-06-2024 Shri Himanshu Joshi - Advocate for appellants.

Shri Bhuwan Deshmukh - Public Prosecutor for the State.

Heard on admission.

Appeal is admitted for final hearing.

Record of the trial Court be requisitioned.

Also heard on I.A. No.9925 of 2024 - the first application filed under Section 389(1) of CrPC for suspension of sentence and grant of bail on behalf of appellant No.1 Sohan Malviya, appellant No.2 Satyendra, appellant No.3 Sawan and appellant No.4 Kallu @ Praveen.

The present appeal has been filed being aggrieved by the impugned judgment dated 29.05.2024 passed by the Special Judge (Atrocities Act), Dist. Barwani in SC ATR 74/2022.

Appellant Sohan has been convicted for offence punishable under Section 323 of IPC, 3(2)(va) of SC/ST Act, 3(2)(d) of SC/ST Act and 3(2)

(dha) of SC/ST Act and sentenced to undergo 1 - 1 year RI and fine of Rs.1000 - 1000/- respectively with default stipulation.

Appellant Satyendra has been convicted for offence punishable under Section 323 of IPC & 3(2)(va) of SC/ST Act and sentenced to undergo 1 year RI and fine of Rs.1000/- with default stipulation.

Appellant Sawan has been convicted for offence punishable under Section 323 of IPC & 3(2)(va) of SC/ST Act and sentenced to undergo 1 year RI and fine of Rs.1000/- with default stipulation.

2 CRA-7124-2024

Appellant Kallu @ Praveen has been convicted for offence punishable under Section 323 of IPC & 3(2)(va) of SC/ST Act and sentenced to undergo 1 year RI and fine of Rs.1000/- with default stipulation.

Learned counsel for the appellants submits that the appellants have falsely been implicated in the case. It is pointed out that the sentence of the appellants was already suspended by the trial Court till 29.06.2024.

The final hearing of the appeal is not possible in near future. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail.

Per-contra, counsel for the State has opposed the prayer stating therein that there is active participation of the appellants in commission of offence.

Considering the fact that the trial Court has already suspended the sentence and there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellants by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No. 9925 of 2024 is allowed and it is directed that the jail sentence of the appellants will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellants furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate solvent surety in the like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 21.09.2024 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

Consequently, I.A. No.9927 of 2024 for urgent hearing and urgent relief

3 CRA-7124-2024 during vacation stands closed.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

soumya