Madhya Pradesh High Court
Balchand @ Guddu Patel vs The State Of Madhya Pradesh on 31 January, 2022
Author: Anjuli Palo
1
The High Court Of Madhya Pradesh
CRA No. 3832 of 2021
(BALCHAND @ GUDDU PATEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 31-01-2022
Heard through Video Conferencing.
Mr. Sharad Verma, learned counsel for the appellant.
Mr. C.L. Sethi, learned Panel Lawyer for the respondent-State.
Heard on the question of admission.
Record of the Court below is received.
The appeal is admitted for hearing.
Also heard on I.A.No.11851/2021, an application under section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail.
By the impugned judgment dated 31.03.2021 passed in Special Session
Trial No.02/2014 the Special Judge (Atrocities), Balaghat District-Balaghat
convicted the appellant under Sections 366, 370 (2) and 376(1) of the IPC
and sentenced to undergo R.I. for 07 years, 07 years and 10 years with fine
of Rs.7,000/-, Rs.7000/- and Rs.10000/- respectively. The default stipulations
have also been imposed by the trial Court.
Learned counsel for the appellant submitted that appellant is innocent
and has been falsely implicated in the crime in question. The trial Court has
not properly appreciated the evidence available on record and proceeded to
pass the impugned judgment. The appellant is in jail since 16.01.2021 and
during trial he remained in jail from 29.04.2014 to 02.12.2014. Co-accused
Sunil Kumar Rahangdale has already been released on bail vide order dated
28.07.2020 passed in Cr.A.No.1226/2019. The final disposal of instant appeal
would take considerable time. Therefore, prayer has been made to suspend
the jail sentence of the appellant.
Learned Panel Lawyer has opposed the prayer for bail and supported
the judgment of conviction and order of sentence passed by the trial Court.
Considering the over all facts and circumstances of the case; at the
Signature Not Verified
SAN
time of incident prosecutrix was major; the appellant is in jail since 16.01.2021
Digitally signed by SAVITRI PATEL
Date: 2022.01.31 17:23:55 IST
and during trial he remained in jail from 29.04.2014 to 02.12.2014 and
looking to the fact that co-accused Sunil Kumar Rahangdale has already been
released on bail vide order dated 28.07.2020 passed in Cr.A.No.1226/2019;
final disposal of this appeal would take considerable time, without
commenting on merits of the case, the application is allowed.
I t 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 a surety in the like amount to the
satisfaction of the trial Court concerned, the remaining part of the substantive
jail sentence imposed upon appellant-Balchand @ Guddu Patle shall
remain suspended during the pendency of this case and he be released on
bail. The appellant shall appear before the trial Court on 27.06.2022 and on
all subsequent dates, as may be fixed in this regard during the pendency of
this appeal.
It is further directed that if appellant is found indulged in any criminal
activity during suspension of his jail sentence, the bail granted in this case
shall become ineffective.
Jail authorities and State Government are directed to follow the
guidelines issued by the Health Ministry in the wake of Novel Corona Virus,
before and after releasing the appellant.
Accordingly, I.A.No.11851/2021 stands disposed of.
List the case for final hearing in due course.
C.c. as per rules.
(SMT. ANJULI PALO)
JUDGE
sp
Signature Not Verified
SAN
Digitally signed by SAVITRI PATEL
Date: 2022.01.31 17:23:55 IST
