Madhya Pradesh High Court

Sundaram Thakur vs The State Of Madhya Pradesh on 1 May, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1                              CRA-1702-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 1702 of 2025
                                      (SUNDARAM THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 01-05-2025
                                 Shri S.S. Chouhan - Advocate for the appellant.
                                 Shri D.K. Shukla - Panel Lawyer for the respondent/State.

None for the victim despite service of notice.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.3524/2025 - first application under Section 430 (1) of BNSS, 2023/389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant pending the appeal.

Appellant has been convicted for commission of offence under Sections 324 of IPC and Section 3(2)(VA) of SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to suffer RI for two years and fine of Rs.1000/-. He has also been convicted under Section 3-1(dha) of SC/ST (POA) Act and has been

sentenced to suffer six months simple imprisonment and fine of Rs.1000/- vide judgment dated 06.02.2025 passed in SCATR No.26/2024 (State of M.P. Vs. Sundaram Thakur) by Special Judge, SC/ST (POA) Act, Burhanpur (M.P.).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. He was released on bail by the trial Court till 06.03.2025 and thereafter the said period was extended by this

2 CRA-1702-2025 Court vide order dated 26.03.2025 till the next date of hearing. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.3524/2025 is allowed . The execution of jail sentence of appellant- Sundaram Thakur 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 01.09.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE