Kailash Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 2520 MP

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

4
Jabalpur, Dated : 18-06-2021
       Heard through Video Conferencing.
       Shri Ravi Shankar Patel, learned counsel for the appellant.
       Shri Ritwik Parashar, learned Government Advocate for the
respondent/State.

Heard on I.A. No.7744/2021 which is the first application for

suspension of sentence and grant of bail on behalf of the appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel.

The appellants have 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 appellants submits that the case of appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel is identical to that of co-accused Kallu Patel who

sentence has already been suspended vide order dated 30.04.2021. 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 in their statement that fire was opened on the deceased Omprakash by the accused-Kamlesh Patel and that other 3 accused persons including the present appellants were merely accompanying him. No specific over tact has been attributed to the appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel by the prosecution. It is also submitted that appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel were on bail during trial.

Learned Government Advocate has opposed the application. Having considered the contentions of the learned counsel for parties, 2 CRA-7431-2019 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.7744/2021 and suspend the sentence awarded to the appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel.

It is directed that the remaining part of the jail sentence imposed upon

the appellant No.1 - Kailash Patel & Appellant No.4- Ballu @ Prahlad Patel shall remain suspended and they shall be enlarged on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

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

Certified copy as per rules.

              (MOHAMMAD RAFIQ)                                  (ATUL SREEDHARAN)
               CHIEF JUSTICE                                             JUDGE


       Jasleen




Digitally signed by
JASLEEN SINGH SALUJA
Date: 2021.06.18
15:27:51 +05'30'