Kailash Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 1707 MP

                                    1                               CRA-7431-2019
          The High Court Of Madhya Pradesh
                     CRA-7431-2019
              (KAILASH PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 30-04-2021
         Heard through Video Conferencing.
         Shri Ravi Shankar Patel, Advocate for the appellant.
         Shri Ritwik Parashar, Panel Lawyer for the respondent/State.

Heard on I.A. No.3128/2021 which is the first application for suspension of sentence and grant of bail on behalf of the appellant-Kallu

Patel.

The appellant has been convicted under Section 302/34 of I.P.C. and sentenced to undergo R.I. for life and fine of Rs.5,000/- with default stipulation vide judgment dated 14.8.2019 passed by 1st Additional Sessions Judge, Narsinghpur in S.T. No.200104/2018.

Shri Ravi Shankar Patel, learned counsel appearing for the appellant- Kallu Singh has argued that the present appellant has been falsely implicated in the present case only because he is father of the main accused. He submits that all the prosecution witnesses namely Anshul Sahu (PW-1), Shubham

Sahu (PW-2), Ajit Sahu (PW-3) and Annilal Sahu (PW-4) have consistently said that fire was opened on the deceased Omprakash by the accused- Kamlesh Patel and that other 3 accused persons including the present accused/appellant-Kallu were accompanying him. No specific over tact has been attributed to the accused/appellant-Kallu Patel by the prosecution. It is also submitted that the accused/appellant-Kallu was on bail during trial.

Learned Government has opposed the application.

Having considered the contentions of the learned counsel for parties, considering the material available on record and the facts and circumstances of the case and that the hearing of the appeal is likely to take time, we are persuaded to allow the application I.A. No.3128/2021 and suspend the sentence awarded to the appellant.

2 CRA-7431-2019 It is directed that the remaining part of the jail sentence imposed upon the appellant -Kallu shall remain suspended and he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that she is not suffering from the coronavirus and if she is, she shall be sent to the nearest hospital designated by the State for treatment. If not, she shall be transported to her place of residence by the jail authorities.

Certified copy as per rules.

            (MOHAMMAD RAFIQ)                                  (ATUL SREEDHARAN)
             CHIEF JUSTICE                                              JUDGE


     Anchal

Digitally signed by
ANCHAL KHARE
Date: 2021.04.30
16:18:39 +05'30'