Madhya Pradesh High Court
Sudarshan Suryawanshi vs The State Of Madhya Pradesh on 1 March, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 CRA-13047-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13047 of 2024
(SUDARSHAN SURYAWANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 01-03-2025
Shri R. S. Patel - Advocate for the appellant.
Ms. Hemlata Kshatriya - Panel Lawyer for respondent No.1.
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.30621/2024, an application under Section 389(1) of Cr.P.C. for
suspension of sentence and grant of bail to appellant, pending the appeal.
Appellant has been convicted for commission of offence under 327 of IPC and
has been sentenced to undergo R.I. for 01 year and fine of Rs.3000/- with default
stipulation vide judgment dated 08.11.2024 delivered by Special Judge, SC/ST
(Prevention of Atrocities) Act, District Chhindwara in Special Case No.111/2018 (State
of M.P. Vs. Sudarshan Suryawanshi).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court. It is
submitted that in the course of trial appellant was on bail. He has 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 appellant
till 06.12.2024. Thereafter, this Court vide its order dated 29.11.2024, extended the
bail till today. The appellant has 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 appellant is not suspended, the purpose of filing this appeal would become
2 CRA-13047-2024
futile. Therefore, it has been prayed that the execution of jail sentence of appellant be
suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has opposed the grant
of bail to the appellant.
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 appellant.
Consequently, I.A. No.30621/2024 is allowed. The execution of jail sentence of
appellant- Sudarshan Suryawanshi is hereby suspended subject to depositing the fine
amount, (if not already deposited). It is directed that the appellant be released on
bail on his furnishing a personal bond to 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 14.7.2025 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
