SHYAM SINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on admission. Appeal is admitted for final hearing. Record of the trail court be requisitioned. Issue notice to the respondent No. 2 on payment of process fee within seven working days. Also heard on I.A. No. 7834 of 20234, which is an application for suspension of sentence and grant of bail to appellants arising out of judgment dtd. 01/03/2024 delivered in SCATR No. 16/2019 by Special Judge SC/ST (Prevention of Atrocities) Act, Narmadapuram, M.P.

(2.) The appellants have been convicted under Ss. 323/34 of the I.P.C. and sentenced to undergo six months R.I. each with fine of Rs.1,000.00each and under Sec. 3(1)(r) of SC/ST (PA) Act each and sentenced to six months R.I. with fine of Rs.1000.00 each- respectively, with default stipulations. Learned counsel for the appellants submitted that the case against the present appellants is on weak footings and they have already been spent some time in custody during the trial. The sentence awarded to the present appellant is six months RI. The basic offence that has been found proved is under Sec. 323 of IPC apart from provision under SC/ST Act. Learned counsel for the appellants further submitted that the trial court has already suspended the jail sentence of the appellant till 1/4/2024. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the present appellants may be suspended.

(3.) Learned Government Advocate for the State opposed the prayer. Considering the short sentence and bleak chance of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellants. Accordingly, I.A. No. 7834 of 20234, is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants is hereby suspended and it is directed that appellants No. 1 to 3 namely - Shyam Singh Rajput, Devi Singh Rajput and Chhatrapal Singh Rajput be released on bail on their furnishing personal bond for a sum of Rs.30,000.00 (Rupees Thirty Thousand only) each with one solvent surety of the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial Court, Narmadapuram firstly on 30/4/2024 and also on such further dates as may be fixed by the concerned trial Court in this regard during the pendency of this appeal.