Deepu Adiwasi vs The State Of Madhya Pradesh
2025 Latest Caselaw 6068 MP

Madhya Pradesh High Court

Deepu Adiwasi vs The State Of Madhya Pradesh on 26 March, 2025

                                                               1                                     CRA-987-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 987 of 2025

(DEEPU ADIWASI Vs THE STATE OF MADHYA PRADESH )

Dated : 26-03-2025 Shri Akhlesh Kumar Gupta and Shri O.P.Mathur - Advocates for appellant.

Shri Saket Udenia - Public Prosecutor for the State.

The appeal, being arguable, is admitted for final hearing.

2. Heard on I.A. No. 1816 of 2025 , which is first application under

Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

3. This Criminal Appeal assails the judgment dated 17.01.2025 passed in ST No.43/2024 by the Second Additional Sessions Judge, Dabra, District Gwalior, whereby the appellant has been convicted as under :-

Imprisonment Under Section Imprisonment Fine Rupees in lieu of fine Section 326/34 of IPC 03 years' R.I. Rs.2000/- 02 months' R.I.

4. Learned counsel for the appellant submits that the Trial Court has wrongly been convicted the appellant without proper appreciation of facts of

the case as well as evidence available on record. He further submits that the trial Court has already suspended the jail sentence of appellant for temporary period. Appellant was on bail during trial and he did not misuse the liberty so granted, hence, prayed to suspend the jail sentence and grant bail to the appellant.

5. Counsel for the State vehemently opposed the application and

2 CRA-987-2025 prayed for its rejection.

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

7. Considering the submissions made by learned counsel for the parties as well as the facts and circumstances of the case, without commenting on merits of the case, IA No.1816/2025 is hereby allowed. Subject to depositing the fine amount, if not already deposited, and the appellant furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court first on

05.05.2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

8. List this case for final hearing in due course . A copy of this order be sent to the concerned Court below for compliance.

(RAJENDRA KUMAR VANI) JUDGE

AK/-