RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.6221/2023, which is first application under Sec. 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Rakesh S/o Udan Singh Thakur.

(2.) Appellant stands convicted vide judgment dtd. 18/04/2023 passed in SC ATR 111/2018 by Special Judge (SC/ST Act), Dhar, District Dhar (M.P.) under Ss. 332 of Indian Penal Code, 1860 and Ss. 3(1)(s) and 3(2) (va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and has been sentenced to undergo 02 years RI with fine of Rs.1,500.00, 01 year RI with fine of Rs.1,000.00 and 02 years RI with fine of Rs.1,500.00respectively with usual default stipulation.

(3.) Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court till 10/07/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.