Arjun Maratha vs The State Of Madhya Pradesh
2025 Latest Caselaw 366 MP

Madhya Pradesh High Court

Arjun Maratha vs The State Of Madhya Pradesh on 5 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                 1                                    CRA-4454-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           CRA No. 4454 of 2025
                                 (ARJUN MARATHA AND ANOTHER Vs THE STATE OF MADHYA PRADESH AND OTHERS )


                           Dated : 05-05-2025
                                 Shri Ravinandan Dwivedi - Advocate for the appellants.
                                 Shri Jubin Prasad - Panel Lawyer for the respondent / State.

Heard on the question of admission.

The appeal appears to be arguable, hence admitted for final hearing. Let the record of the trial Court be requisitioned.

Also heard on I.A.No.10497 of 2025 , which is an application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of appellants for suspension of sentence and grant of bail.

The appellants assail the impugned judgment dated 12/04/2025 passed by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, District Burhanpur in SCATR No.29 of 2024; whereby appellant No.1 has been convicted and sentenced as under:-

Imprisonment in lieu of Conviction under Section Sentence Fine fine 323/34 of IPC r/w 3(2)(Va) of 6 months Rs.1,000/- 1 month R.I. SC/ST Act R.I. 324/34 of IPC r/w 3(2)(Va) of 2 years R.I. Rs.1,000/- 1 month R.I. SC/ST Act 325/34 of IPC r/w 3(2)(Va) of 3 years R.I. Rs.1,000/- 1 month R.I. SC/ST Act Appellant No.2 has been convicted and sentenced as under:-

Conviction under Section Sentence Fine Imprisonment in lieu of fine 323/34 of IPC 6 months R.I. Rs.1,000/- 1 month R.I. 324/34 of IPC 2 years R.I. Rs.1,000/- 1 month R.I. 325/34 of IPC 3 years R.I. Rs.1,000/- 1 month R.I. It is pointed out by the learned counsel for the appellants that the sentence

2 CRA-4454-2025 of the appellants have already been suspended by the trial Court till 12/05/2025. It is further submitted that the final hearing of this appeal is not possible in near future. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail to the appellants.

Per contra , learned counsel for the State has vehemently opposed the application for suspension of sentence and grant of bail.

Considering the fact that the trial Court has already suspended the sentence of the appellants and there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellants by way of suspension of sentence.

Accordingly, I.A.No.10497 of 2025 is allowed and it is directed that the remaining jail sentence of the appellants shall remain under suspension subject to the verification of the fact that the amount of fine has been deposited. The appellants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the trial Court/concerned Court on 03.09.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Shbhnkr

3 CRA-4454-2025