Citation : 2026 Latest Caselaw 6 MP
Judgement Date : 2 January, 2026
1 CRA-12399-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12399 of 2025
(HARFOOL RAWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 02-01-2026
Shri Ashok Rathor - Advocate for the appellant.
Ms. Kalpana Parmar - PL for the respondent/State.
Heard on I.A. No.27355/2025, which is an application for condonation of delay of 163 days in filing the appeal.
The reason has been assigned in the application that the Advocate appearing before the Trial Court had informed the appellant that he has been
acquitted and he had not to do anything in the matter. However, later the appellant came to know that warrant has been issued against him and he has been convicted in the case with sentence of six months. He being a restrict village person, could not understand that he has been actually convicted and he was made to understand by his Advocate that he has been acquitted.
The application is vehemently opposed by the counsel for the State. However, considering the averments made in the application, I.A. No.27355/2025 is allowed and the delay of 163 days is hereby condoned.
Appeal being arguable is admitted for hearing.
Record of the Trial Court be called for.
Also heard on I.A. No.27087/2025 , which is an application for suspension of sentence and grant of bail to appellant arising out of judgment dated 08.04.2025 passed in SC ATR No.26/2022 by Special Judge (SC/ST (Prevention of Atrocities) Act, District Sheopur.
The appellant has been convicted under Section 294 of IPC and
2 CRA-12399-2025 Section 430/3(2)(Va), 506(II)/3(2)(Va), 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo 03 months' R.I., 06 months' R.I., 06 months' R.I., 06 months' R.I. and 06 months' R.I. with fine of nil, Rs.1000/-, Rs.1000/-, Rs.1000/- , Rs.1000/- respectively with default stipulation.
It is contended by the counsel for the appellant that the appellant has been sentenced with minimum sentence of six months under Atrocities Act and the conviction of the present appellant is on debatable note. It is further argued that the final hearing of this appeal is not possible in near future, hence, remaining jail sentence of the present appellant may be suspended.
Learned Panel Lawyer for the State opposed the prayer. Considering the aforesaid submissions of both the parties and bleak
chance of final hearing of this appeal in near future, without expressing any opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.
Accordingly, I.A. No.27087/2025 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant-Harphool Rawat is hereby suspended and it is directed that the appellant be released on bail on furnishing personal bond in the 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 Registry of this Court firstly on 09.03.2026 and also on such further dates as may be fixed by the same in this regard during the pendency of this appeal.
3 CRA-12399-2025 Certified copy as per rules.
(VIVEK JAIN) V. JUDGE
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