Madhya Pradesh High Court
Jagdish Sahu vs The State Of Madhya Pradesh on 2 February, 2018
THE HIGH COURT OF MADHYA PRADESH
CRA No. 849/2018
(Jagdish Sahu Vs. State of M.P. & Anr.)
Gwalior, Dated: 2/2/2018
Shri T.C. Bansal, learned counsel, for the
appellant.
Shri Vivek Bhargava, learned Public
Prosecutor, for respondent No. 1/State.
Respondent No. 2 - to be noticed.
Heard on IA No. 775/2018, which is the first application under Section 389 (1) of the CrPC moved on behalf of the appellant.
Vide the impugned judgment dated 12/1/2018 passed by the Special Judge (Atrocities) Guna in Special Sessions Case No. 86/2016 case title State of M.P. through Police Station Aron district Guna(M.P.) Vs. Jagdish Sahu, the appellant stands convicted under Sections 452 of the IPC and 3 (1)
(r)(z) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and sentenced thereunder to suffer on first count R.I for six months with a fine of Rs.1,000/- (One thousand), second count R.I for six months with a fine of Rs.1,000/- (one thousand) and third and last count R.I for six months with a fine of Rs.1,000/- with default stipulations. However, the substantive jail sentences awarded to the appellant in the aforesaid Sections of law are directed to run concurrently.
2Learned counsel for the appellant submits that the appellant remained on bail during the trial of the case and that the trial court has suspended his jail sentence for a period of one month from the date of impugned judgment. He submits that the appellant had already deposited the imposed fine amount. He submits that this appeal is of the year 2018, therefore, there is no likelihood of early disposal of this appeal on merits in near future. He submits that the appellant has good case on merits and that he hopes that his appeal would succeed. Upon these submissions, he prays to allow the IA.
Learned Public Prosecutor has opposed the acceptance of the I.A. Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, the fact that the trial Court has already suspended temporarily the jail sentence of the appellant and the short period of jail sentence, but without commenting on merits of the case, I am of the view that the appellant has made out a case for suspension of jail sentence and grant of bail to him, therefore, the I.A. is allowed.
The execution of remaining jail sentence of appellant Jagdish Kushwah is hereby suspended 3 and it is ordered that he shall be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (forty thousand) with one solvent surety of the same amount to the satisfaction of the trial Court, subject to depositing the fine amount, if any, at the time of furnishing bail- bonds.
On being released on bail, appellant Bunty shall appear before the Registry of this Court to mark his presence first time on 12/3/2018 and thereafter on all such dates as may be fixed by it in this regard until further orders of this Court.
The Registry is directed to call for the record of the trial court without delay.
Issue notice to respondent No.2 Jai Narayan Mochi by registered AD and ordinary modes on payment of process fee and supply of other requisites within three working days informing him that the appellant has filed this criminal appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act, 1989 and it will be heard on 19.3.2018.
Learned Public Prosecutor has taken the notice of this appeal on behalf of respondent No.1-State. Hence, no further notice is required to be sent to it. He is directed to make available the case diary 4 positively on the next date of hearing. He is also directed to inform respondent No.2 in writing regarding the hearing of this appeal on 19.3.2018 through the concerned police station and to submit the report thereabout till the next date of hearing.
List the case for further hearing under the head "14A SC/ST Act, 1989" on 19.3.2018.
Certified copy as per rules.
(Rajendra Mahajan)
AKS Judge
Digitally signed by
ALOK KUMAR
Date: 2018.02.03
15:54:59 +05'30'