Rahul And Others vs State Of Madhya Pradesh And Others

Pushpendra Yadav, J

Heard on I.A. No.1454/2026, first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellants - Rahul & Champi.

This appeal assails the judgment dated 05/01/2026 passed by the Special Judge, Sheopur, in SCATR No.90/2023 whereby, appellants have been convicted under Section 323/34 of IPC read with Section 3(2)(va) of the SC/ST Act and sentenced to undergo six months R.I. with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellants submitted that the trial Court has erred in convicting the appellants and awarding jail sentence. The sentence of the appellants has already been suspended by the trial Court for a limited period. The appellants were on bail during trial, however, they did not misuse the liberty so granted. Amount of fine has been deposited by them. Final hearing of the appeal is likely to take some time. The appellants shall abide by all the conditions as may be imposed by the Court. Hence, prayed to suspend the jail sentence of the appellants.

Learned counsel for the respondent/State opposed the application and prayed for its rejection.

Considering the arguments advanced by learned counsel for the parties, attending facts and circumstances of the case and that short term of sentence has been imposed, without commenting on merits of the case, I.A. is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellants shall remain suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court on 30.10.2026 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

Record of the Court below be called for.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.