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Judgment
Amit Seth, J
Keeping in view the urgency of the matter, I.A. No.30640/2025, an application for urgent hearing during vacation, is allowed.
Heard on the question of admission.
The appeal appears to be arguable, therefore, it is admitted for final hearing.
Records of the Court's below be requisitioned.
Also heard on I.A. No.30072/2025, an application under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 / U/s 389 (1) Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.
This Criminal Appeal assails the judgment dated 13.11.2025 passed in SC ATR No.54/2021 by Special Judge under the SC/ST (POA) Act, 1989, Singrauli, HQ - Waidhan, district - Singrauli, MP whereby, the appellant has been convicted under Section 363 of the IPC and Section 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment of three years with fine of Rs.3,000/- (for each offence) with default stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Further submission is that sentence awarded to him is already suspended by learned trial Court upto 29.12.2025 (wrongly mentioned as 28.12.2025 in application). There is no likelihood of this appeal coming up for final hearing in near future and the appellant has hope and belief that he would succeed in the appeal. Hence, he prays to suspend the jail sentence and grant of bail to the appellant.
Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the material available on record.
Considering the submissions made by learned counsel for the appellant as well as looking to the short sentence of the appellant, without commenting on merits of the case, I.A. No.30072/2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (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 present appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the concerned trial Court on 28.01.2026 and on subsequent dates given by the concerned trial Court in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
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