Sanjeev Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 5260 MP

                                   1                               CRA-11034-2019
        The High Court Of Madhya Pradesh
                   CRA-11034-2019
                  (SANJEEV PATEL Vs THE STATE OF MADHYA PRADESH)

12
Jabalpur, Dated : 09-09-2021
      Heard through Video Conferencing.
      Shri Anurag Shivhare, learned counsel for the appellant.
      Shri Rajesh Sharma, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.10203/2021, repeat (fourth) filed by the appellant / accused under section 389 (1) of Cr.P.C. for suspension of his jail sentence

and grant of bail filed on behalf of the appellant.

The appellant/accused has filed this appeal against the judgment dated 05/12/2019 passed by Sessions Judge, Sidhi in S.T. No. 181/2018, whereby the appellant has been convicted for commission of offence punishable under Section 307 of the IPC and sentenced to undergo RI for 5 years alongwith fine of Rs.1,000/- with usual default stipulation.

Learned counsel for the appellant submits that earlier suspension application of the appellant has been dismissed by this Court, vide order dated 22/02/2021 granting liberty to renew the prayer after completion of half

custodial sentence of the appellant. Now the appellant has completed more than half of the custodial sentence awarded to him. In this regard, learned counsel for the appellant has filed copy of jail report received from the concerning Jail Authority. According to which appellant has suffered more than 3 years 6 months of custodial sentence. There is a fair chance to succeed in the case. The disposal of the appeal will take time. Hence, sentence be suspended and he be enlarged on bail. Hence, learned counsel for the appellant prays for suspension of custodial sentence of the appellant.

Looking to the aforesaid facts and circumstances of the case, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Sanjay Patel shall remain suspended till further orders and he be released on bail on his furnishing a personal bond 2 CRA-11034-2019 for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his further appearance before the Registry of this Court on 13.12.2021 and thereafter, on all the dates as may be fixed by the Registry in this behalf.

List the appeal for final hearing in due course. CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.09.09 17:33:12 IST