Sumit Patwa vs The State Of Madhya Pradesh
2022 Latest Caselaw 16151 MP

                                                                          1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    CRA No. 9680 of 2022
                                                   (SUMIT PATWA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 06-12-2022
                                           Ms. Shrishti Kashyap - learned counsel for the appellants.

                                           Mr. Pankaj Gupta - learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on 20016 of 2022, which is an application filed by the appellant No.1 under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant No.1 has been convicted by the impugned judgment passed by the trial Court for offence punishable under Section 306 of the Indian Penal Code and sentenced to undergo R.I. for 06 years with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellants submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. There was no previous enmity between the deceased and the appellants. It is also contended that the so-called suicide note was not recovered from

the body of the deceased. It is submitted that the suicide note was not examined by the handwriting expert. It is also submitted that the appellant is in custody from the date of the impugned judgment i.e. 28.09.2022 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant No.1 may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension

Signature Not Verified of sentence and grant of bail.

SAN

I have heard learned counsel for the parties and perused the record. The alleged Digitally signed by KOUSHALENDRA SHARAN SHUKLA

report earlier lodged by the deceased is not on record. It is disputed that the suicide Date: 2022.12.07 16:19:22 IST

note was written by the deceased. Disposal of present appeal would take considerable time. Hence, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant No.1 - Sumit Patwa and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant No.1- Sumit Patwa shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 02.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.12.07 16:19:22 IST