Lakhmichand Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8561 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             CRA No. 1077 of 2013
               (LAKHMICHAND PATEL Vs THE STATE OF MADHYA PRADESH)

Dated : 28-06-2022
      Shri Satyam Agrawal, learned counsel for the appellant.

      Shri Yogesh Dhande, learned G.A. for the respondent/State.

Heard on I.A. No. 3817/2022, which is an application for suspension of sentence and grant of bail to appellant-Laxmichand Patel is taken up.

The appellant has been convicted under Section 341/149 of the

I.P.C. and sentenced to undergo RI for one year and fine of Rs.200/-, Section 302 of IPC and sentenced to undergo R.I. for Life and fine of Rs. 1,000/- and Section 148 of the IPC and sentenced to go RI for one year, with default stipulations.

Learned counsel for the appellant submits that no doubt this Court on 23/06/2017 declined the prayer for suspension of sentence considering the role attributed to this appellant, fact remains that appellant remained in custody for three and a half months during trial and is now in custody from 30/03/2013 i.e. date of judgment, in total the appellant remained almost 9

years in custody. Final hearing of this appeal may take time. As per prosecution story, appellant has caused one fatal blow on the head of deceased Kailash by means of lathi. Considering the period of custody, the remaining jail sentence of appellant may be suspended.

Learned Government Advocate for the respondent/State opposed the application on the basis of nature of injuries and objection.

We have heard the parties at length and perused the record.

Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant, Accordingly, IA No. 3817/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant- Laxmichand be released on bail on his furnishing a personal bond for a 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, Bhopal on 28.11.2022 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

                                        (SUJOY PAUL)                              (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                            JUDGE

                                     manju




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Date: 2022.06.29 11:13:34 IST