Rajrakhan Patel @ Pappu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3791 MP

                                   1                              CRA-1908-2021
           The High Court Of Madhya Pradesh
                      CRA-1908-2021
             (RAJRAKHAN PATEL @ PAPPU Vs THE STATE OF MADHYA PRADESH)

6
Jabalpur, Dated : 31-07-2021
      Heard through Video Conferencing.
      Shri Manish Datt, Senior Advocate with Shri Siddharth Datt, learned
counsel for the appellant.
      Shri Harish Shukla learned Panel Lawyer for the respondent/State.

Record of the Court below has been received.

Heard on admission.

After perusal of the statements of witnesses and other documents of record, this appeal is having arguable point, hence, it is admitted for final hearing.

Heard on I.A. No.4560/2021, an application for suspension of sentence and grant of bail to appellant-Rajrakhan Patel @ Pappu.

Vide judgement dated 12/03/2021 passed in Sessions Trial No.10/2015 passed by XI Additional Sessions Judge, District-Rewa (M.P.), the appellant has been convicted for the offence punishable under Sections 326 read with

Section 34 and 323(3 counts) of the IPC and sentenced to undergo RI for five years with fine of Rs.2000/- and RI. for three months with fine of Rs.1500/-, respectively, with default stipulations.

Learned counsel for the appellant has drawn the Court attention towards the statements of PW-1 Ramesh Patel, PW-2 Rohit Patel and PW-3 Sheela Devi, who, according to the prosecution story, sustained injuries caused by the appellant/accused persons, turned hostile in their cross- examination and did not support the case of the prosecution that appellant/accused persons were the persons who inflicted such injuries to them. Learned counsel for the appellant also submitted that during the trial, both the parties entered into a compromise which was mentioned in judgment at paragraph no.28. He further submits that during investigation and trial, 2 CRA-1908-2021 appellant-Rajrakhan Patel @ Pappu was under custody for about 160 days and now under custody since the date of judgment i.e. 12.03.2021 Therefore, it is prayed that the jail sentence of appellant be suspended and he be released on bail.

Learned Panel Lawyer has opposed the application. Considering the argument of the appellant/accused and looking into the

overall facts and circumstances of the case, I deem it appropriate to release the appellant on bail, therefore, without commenting anything on the merits of the case, I.A. No.4560/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 25th August, 2021 and all other subsequent dates as may be fixed by the trial Court in this regard, the remaining part of the execution of substantive jail sentence of appellant-Rajrakhan Patel @ Pappu shall stand suspended and he be released on bail.

The appeal be listed for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Digitally signed b BABY by BIJU Date: 2021.07.31 17:52:50 +05'30'