Jagdish Pandit Alies Jagdish Upadhyay vs The State Of Madhya Pradesh
2025 Latest Caselaw 1806 MP

Madhya Pradesh High Court

Jagdish Pandit Alies Jagdish Upadhyay vs The State Of Madhya Pradesh on 9 June, 2025

                                                               1                                CRA-4877-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 4877 of 2025
                            (JAGDISH PANDIT ALIES JAGDISH UPADHYAY Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 09-06-2025
                                 Shri Aditya Verma Advocate for the appellant.

                                 Shri Jayesh Yadav PL for State.
                                 Respondent No.2 is represented though no-one is present today.

IA No. 7254/2025 application for urgent hearing is taken up. IA is allowed.

Record of the Special Court be requisitioned.

Heard on I.A. No.7090/2025, which is an application for grant of suspension of remaining jail sentence of the appellant.

The appellant has been convicted under Section 324 IPC r/w Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act and has been sentenced to three year's RI with fine of Rs 2000/- by Special Judge SC/ST (Prevention of Atrocities) Act Rajgadh Biaora in Special Case No. 353/2023 by judgment dated 6.5.2025.

Learned counsel for the appellant submitted that the appellant is in

custody since 20.12.2023. The appeal will take long time in coming to decision. There are fair chances of success in the present appeal. Hence he prays for grant of suspension to the applicant.

Counsel for the State opposes the suspension application and prays for its rejection on the ground that the Special Judge has convicted the appellant after considering the entire material available on record and after due

2 CRA-4877-2025 appreciation of evidence. Hence he prays for dismissal of the application.

Considering the fact that appellant is in custody since 20.12.2023 and there are bleak chances of disposal of the criminal appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant till decision of the appeal. Consequently, the application is allowed.

Upon depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the remaining jail sentence of the appellant shall remain suspended till decision of this appeal and he shall be released on bail. The appellant shall appear before the Registry of this Court on 01.08.2025 and all other subsequent dates as may be fixed by the Registry in this behalf.

List the case for final hearing in due course.

(VINAY SARAF) V. JUDGE

BDJ