Deepak Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 672 MP

                                    1                             CRA-1011-2021
        The High Court Of Madhya Pradesh
                   CRA-1011-2021

(DEEPAK PATEL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 12-03-2021 Mr.B.J.Chourasiya, learned counsel for the appellant. Ms.Nalini Gurang, learned P.L. for the State. Heard on I.A.No.2483/2021, an application for condonation of delay. As per office report, the appeal is within limitation. Therefore, no order is required to be passed on aforesaid I.A.

Accordingly, I.A.No.2483/2021 stands dismissed as infructuous. Heard on the question of admission.

The appeal is admitted for final hearing.

Also considered I.A.No.2485/2021, an application u/s 389(1) of Cr.P.C. which is first application for suspension of sentence on behalf of appellant/applicant-Deepak Patel.

The appellant/applicant has been convicted by the impugned judgment dated 01.10.2020 passed by the trial Court in S.T.No.130/2016 for offences u/s 341 and 394 of I.P.C. and sentenced to undergo fine of Rs.500/- and R.I.

for 5 years with fine of Rs.15,000/- respectively.

Learned counsel for the appellant submitted that impugned judgment has been passed without properly appreciating the oral and documentary evidence available on record. The appellant was on bail during trial. He was in custody for about 4 months during trial and presently he is custody since the date of judgment. Therefore, the substantive jail sentence of the appellant be suspended.

Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case and taking into account that appellant is first offender and that this appeal would take considerable time for final disposal, without commenting on the merits of the case, the aforesaid interlocutory application is allowed.

2 CRA-1011-2021 It is directed that execution of remaining jail sentence of the appellant/applicant-Deepak Patel is hereby suspended and it is ordered that he shall be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court with a further direction to

appear before the Trial Court on 11.8.2021 and also on such other dates as may be fixed by that Court in this regard during the pendency of this appeal.

It is made clear that if the appellant/applicant involves in similar kind of offence, this order shall immediately become ineffective without reference to the Court.

I.A. No.2485/2021 stands disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.12 19:24:43 IST