Bhola@Arvind vs The State Of Madhya Pradesh
2024 Latest Caselaw 27632 MP

Madhya Pradesh High Court

Bhola@Arvind vs The State Of Madhya Pradesh on 1 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1                               CRA-11170-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 11170 of 2024

(BHOLA@ARVIND Vs THE STATE OF MADHYA PRADESH )

Dated : 01-10-2024 Shri Madhukar Kulshrestha - advocate for the appellant.

Shri APS Tomar - Public Prosecutor for the State.

Heard on I.A.No. 21173 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 against the impugned judgment of conviction and sentence dated 03.09.2024 passed by Special Judge (Atrocities Act), Morena (M.P.) in S.C. No. 170/2017 whereby, appellant has been convicted and sentenced under Section 323 of IPC and Section 3(2)(va) of SC/ST Act to undergo rigorous imprisonment of three months with maximum fine of Rs. 500/- with default stipulations.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence properly

available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Appellant was on bail during trial and did not misuse the liberty so granted. Trial Court has already suspended the jail sentence of the appellant. Therefore, prayer is made for grant of temporary suspension of sentence and grant of bail for a limited period.

2 CRA-11170-2024 On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the materials available on record.

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 furnishing a personal bond in the sum 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 22.10.2024 .

All interlocutory applications for urgent hearing, if any, stand disposed of.

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

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