Ramchandra Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 7858 MP

                                                                      1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 4128 of 2022
                                                   (RAMCHANDRA PATEL Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 15-06-2022
                                         Shri Ashish Kumar Kurmi, learned counsel for the appellant.

                                         Smt. Ekta Gupta, learned PL for the respondent/State.

Record has been received.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.7730/2022, which is an application under Section

389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Ramchandra Patel.

This appeal has been preferred against the judgment dated 27/4/2022 passed by Session Judge, Damoh, Distrcit Damoh (M.P.) in Session Trial No.171/2020 whereby learned Session Judge found the appellant guilty for the offence punishable under Section 435 of the IPC and sentenced him to undergo R.I. for four years with fine of Rs.10,000/- with default clause.

Learned counsel for the appellant submitted that learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for

the aforesaid offences. It is alleged that the appellant set fire in the pipes of complainant Sanjay Patel but from the statement of both the eyewitnesses of the incident i.e. Rajesh Gond (PW-2) and Rameshwar Patel (PW-3) and other witness Manoj Kumar (PW-4) it is apparent that appellant did not intentionally set fire in the pipes of complainant Sanjay Patel. Appellant set fire in the grass Signature Not Verified SAN erected on the boundaries of complainant's field and due to which pipes were Digitally signed by VARSHA SINGH Date: 2022.06.15 17:29:02 IST also burned. Appellant is in custody since the date of judgment i.e. 27/4/2022.

Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

O n the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case, the contention of learned counsel for the appellant and the fact that the appellant is in custody since the date of judgment i.e. 27/4/2022 and according to listing policy the hearing of this appeal will take time, the application filed by the appellant is

allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 14/11/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2022.06.15 17:29:02 IST