Sachin Raghuwanshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14277 MP

Madhya Pradesh High Court

Sachin Raghuwanshi vs The State Of Madhya Pradesh on 15 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 5723 of 2024
                               (SACHIN RAGHUWANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 15-05-2024
                                 Mr. Romesh Pratap Singh - Advocate for the appellants.

                                 Mr. Alok Sharma - Panel Lawyer for respondent No. 1 - State.

Heard on I.A.No. 9409 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 under Section 374 of

Cr.P.C. against the impugned judgment of conviction and sentence dated 16.4.2024 passed by Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Shivpuri in SCATR No. 190/2018 whereby appellants have been convicted and sentenced under Section 327 of IPC to undergo rigorous imprisonment of three years with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are material contradictions and omissions in the statements of the prosecution

witnesses. It is further argued that appellants were on bail during trial and did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants till record is received.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

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 them furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants - Lalsingh, Devsingh, Devisingh and Harnam Singh shall remain temporarily suspended for a period of three months from today and they be released on bail.

List the case on 14.7.2024.

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

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS