Sundar Kevat vs The State Of Madhya Pradesh
2025 Latest Caselaw 6069 MP

Madhya Pradesh High Court

Sundar Kevat vs The State Of Madhya Pradesh on 26 March, 2025

                                                                1                             CRA-12559-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 12559 of 2024
                                        (SUNDAR KEVAT AND OTHERS Vs THE STATE OF MADHYA PRADESH )


                           Dated : 26-03-2025
                                 Smt.Kusum Sharma - Advocate for appellants.

                                 Shri Samar Ghuraiya -Public Prosecutor for the respondent/State.

Heard on admission.

Appeal being arguable, is admitted for final hearing. Heard on I.A.No.23976/24, an application filed under Section 5 of the

Limitation Act.

There is a delay of 25 days in filing this appeal.

Considering the reason mentioned in the application, the delay of 25 days in filing this appeal is, hereby, condoned.

Also heard on I.A.No.23975/2024, first application under Section 430 of BNSS, 2023 for suspension of jail sentence and grant of bail to appellant No.1 Sundar Kewat and appellant No.2. Kalyan Kewat.

2. This Criminal Appeal assails the judgment dated passed in Special Sessions Trial No.59/2021 by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Datia, Distt. Datia, whereby the appellants

have been convicted under Sections 325/34 of IPC and sentenced to undergo 1- 1year RI with fine of Rs.1,000/- -1,000/- respectively, with default stipulation.

3. Learned counsel for the appellants submits that trial Court has wrongly convicted the appellants without proper appreciation of facts of the case as well as evidence on record. It is submitted by the learned counsel for the appellants that the appellants have surrendered before the trial Court on 21.01.2025 as directed by

2 CRA-12559-2024 this Court on 04.02.2025 passed in M.Cr.C.No.4959/2025. They are ready to abide by all the terms and conditions that may be imposed by this Court. There is no likelihood of hearing of the instant appeal in near future. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

4. Learned counsel for the respondent/State opposed the application and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Considering the submissions advanced by learned counsel for the appellants as well as attending facts and circumstances of the case, without commenting on merits of the case, I.A.No. 23975/2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with a solvent surety of the like

amount to the satisfaction of the concerned trial Court, the remaining jail sentence o f appellant No.1 Sundar Kewatand appellant No.2 Kalyan Kewat shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Registry of this Court on 05.05.2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

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