RAKESH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No. 21988 of 2023, which is first application under Sec. 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant with an alternative prayer for grant of temporary bail as record has not been received. This Criminal Appeal assails the judgment dtd. 9/11/2023 passed by Special Judge (SC/ST Act), District Sheopur (M.P.) in SCATR 45/2021, whereby appellant has been convicted and sentenced under Sec. 323 of IPC r/w. Sec. 3(2)(va) of SC/ST Act to undergo rigorous imprisonment of six months with fine of Rs.1000.00, with default stipulations.

(2.) Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case. It is further argued that there are material omissions and contradictions in the statements of the prosecution witnesses. The appellant was on bail during trial and never misused the liberty so granted to him. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant. Counsel for the State vehemently opposed the application and prayed for its rejection. Heard learned counsel for the parties and perused the materials available on record.

(3.) Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 21988 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond by appellant in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended and he be released on bail for a period of three (3) months from the date of this order. The appellant is directed to surrender before the concerned trial Court immediately after lapse of interim bail period of three months and file relevant documents with regard to surrender before the Registry of this Court. Trial Court is directed to intimate this Court regarding surrender of appellant. List this matter on 10/01/2024. E-copy/Certified copy as per rules.