Bhagvendra @ Krishna Shukla vs The State Of Madhya Pradesh
2024 Latest Caselaw 15866 MP

Madhya Pradesh High Court

Bhagvendra @ Krishna Shukla vs The State Of Madhya Pradesh on 28 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1418 of 2024
                                (BHAGVENDRA @ KRISHNA SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 28-05-2024
                                 Shri Bhupendra Kumar Shukla, counsel for the appellant.

                                 Shri Anshul Mishra, P.L. for respondent No.1/State.

None for respondent No.2 despite service of notice.

Trial court record has been received.

Appeal is admitted for final hearing.

Also heard on I.A. No.2183/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail pending the appeal.

T h e appellant has been convicted for commission of offence under Section 325 of IPC and section 3(2)(V-a) of SC/ST (Prevention of Atrocities) Act and has been sentenced to undergo R.I. for 01 year and fine of Rs. 1000/- in both the sections with default stipulation vide judgment dated 18.01.2024 passed in SCATR No.64/2020 (State of M.P. Vs. Bhagvendra @ Krishna Shukla) by Special Judge (Atrocities) Act District Sidhi.

Learned counsel for the appellant has submitted that learned trial Court

has not properly and meticulously appreciated the evidence of prosecution witnesses as it has not taken into consideration various contradictions and omissions appeared in the evidence of prosecution witnesses. It is further submitted that the trial Court has already suspended the jail sentence of the appellant till 02.03.2024 which was further extended by this court till 03.04.2024 vide order dated 06.02.2024 and again till 28.05.2024 vide order dated 03.04.2024. It is also submitted that appellant has fair chances to succeed in

the appeal. The maximum awarded sentence is upto 01 year. Therefore, if he is not released on bail, the purpose of filing of this appeal would become futile. Therefore, it has been prayed that the appellant/accused be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail.

I have gone through the impugned judgment and record of the trial Court. The appellant has already suffered some part of sentence during trial period. The maximum awarded sentence is upto 01 year. Therefore, having taken into consideration the nature of sentence, the period of custody already undergone by the present appellant, I am of the view that if the appellant is not released on

bail the purpose of filing of this appeal would become futile as there is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration all the aspects of the matter, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. No.2183/2024 is allowed. The execution of jail sentence of appellant- Bhagvendra @ Krishna Shukla, subject to depositing of fine amount, if not already deposited, is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 25.10.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.C. as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL