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Judgment
Dinesh Kumar Paliwal, J
Heard on I.A.No. 7835/2022, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
The appellant has been convicted for commission of offence punishable under Section 3(1)(w)(i), 3(1)(r) and 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to undergo one year RI and fine of Rs.2000/-, six months RI and fine of Rs.1000/- and one year RI and fine of Rs.2000/- with default stipulation by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni vide judgement dated 13.4.2022 passed in S.C.No.85/2017 (State of M.P Vs. Ramkrapal Rajak).
Learned counsel for the appellant has submitted that appellant has been released on bail till 10.06.2022 by trial Court itself. In the course of trial, appellant was on bail and he has not misused the liberty granted to him by way of bail. He has fair chances to succeed in appeal. He shall abide by all the conditions whatsoever imposed by this Court. Therefore, it has been prayed that the appellant be released on bail pending the appeal.
On the other hand, learned Panel Lawyer has opposed the application for grant of bail to appellant.
Considering the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.
Consequently, I.A.No.7835/2022 is allowed. The execution of jail sentence of appellant- Ramkrapal Rajak is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 27.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List this appeal for hearing on admission after receipt of trial Court record.
Certified copy as per rules.