Sanjeev Rao@ Sandeep Rao vs The State Of Madhya Pradesh
2024 Latest Caselaw 15018 MP

Madhya Pradesh High Court

Sanjeev Rao@ Sandeep Rao vs The State Of Madhya Pradesh on 20 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 5914 of 2024
                                       (SANJEEV RAO@ SANDEEP RAO Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-05-2024
                                Mr. Vibhor Kumar Sahu - Advocate for the appellant.

                                Mr. Alok Sharma - Panel Lawyer for the respondent - State.

Heard on I.A.No. 9864 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellant under Section 374 of

Cr.P.C. against the impugned judgment of conviction and sentence dated 24.4.2024 passed by Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, District Guna (M.P.) in SC ATR No. 58/2019 whereby appellant has been convicted and sentenced under Section 325 of IPC r.w. Section 3 (2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of two years with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are

material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the appellant was 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 appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant 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 efurnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of three months from today and he be released on bail.

List the case on 03.7.2024.

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