Madhya Pradesh High Court
Shrikant Rai vs The State Of Madhya Pradesh on 27 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2099 of 2024
(SHRIKANT RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-05-2024
Shri Deepak Mishra - Advocate for the appellants.
Shri N. S. Solanki - 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.
Prima facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A. No.3740/2024, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the
appeal.
Ap p ellants have been convicted for commission of offence under
Section 294 of IPC and have been sentenced till rising of the Court and fine of
Rs.500/-; under Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act read
with Section 323/34 of IPC and have been sentenced to undergo R.I. for 03-03
months and fine of Rs.500/- with default stipulation; under Section 3(1)(r) of
SC/ST (Prevention of Atrocities) Act and have been sentenced to undergo R.I.
for 06 months and fine of Rs.500/- with default stipulation and under Section
3(1)(s) of SC/ST (Prevention of Atrocities) Act and have been sentenced to
undergo R.I. for 06 months and fine of Rs.500/- with default stipulation vide
judgment dated 27.1.2024 delivered by Special Judge (SC/ST (Prevention of
Atrocities) Act), Mandla, in SC ATR No.44/2019 (State of M.P. Vs. Shrikant
Rai and others).
Learned counsel for the appellants has submitted that appellants have not
committed any offence. They have been erroneously convicted by the 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 26.2.2024. Thereafter, this
Court vide order dated 13.2.2024 & 3.4.2024 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 has been 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
the 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.3740/2024 is allowed. The execution of jail
sentence of appellants 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 11.11.2024 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
