Mannu @ Manoharlal vs State Of Madhya Pradesh And Others

Prakash Chandra Gupta, J

Heard on I.A.No.13486/2023, which is an application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence of the appellant.

The appellant has been convicted by Special Judge (Prevention of Atrocities) Act), Shajapur vide its judgement dated 12.8.2023 in Spl.S.T.No.64/2018 for commission of offence punishable under Section 354-A(1) of IPC read with Section 3(2)(5-A) of SC, ST (Prevention of Atrocities) Act and sentenced to undergo one year RI with fine of Rs.2,000/-, under Section 3(1)(W-i) of SC, ST (Prevention of Atrocities) Act and sentenced to undergo one year RI with fine of Rs.2,000/- and under Section 506 Part 2 of IPC and sentenced to undergo one year RI with fine of Rs.2,000/- respectively with default stipulations.

Learned counsel for the appellant submits that he is innocent and has been falsely implicated in the matter. Appellant's jail sentence has already been suspended by the Trial Court till 11.9.2023. Learned Trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of appeal in near future. Hence, prays that application for suspension of jail sentence be allowed.

4 . On the other hand, learned Govt.Advocate for the respondent/State has opposed the application and prayed for its rejection.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellants. Hence, without expressing any opinion on merits of the case, I.A.No.13486/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum o f Rs.25,000/- (Rupees Twenty five thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 25.10.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Let record of the trial Court be requisitioned. List for admission alongwith record. Certified copy, as per Rules.