Ravi Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 3245 MP

The High Court Of Madhya Pradesh CRA No. 2194 of 2022 (RAVI PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 08-03-2022 Mr. Jai Singh Rajput, learned counsel for the appellants.

Mr. Rajeev Kumar Pandey, learned Panel Lawyer for the State. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.3886/2022, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellants - Ravi Patel and Ajay Patel.

By the impugned judgment dated 17.02.2022 passed by Special Judge POCSO Act, Umariya, District Umariya (M.P.) in Special Case No.48/2015 the appellants have been convicted for offences under Section 366/34 of the I.P.C. and sentenced to undergo R.I. for 3 years each with fine of Rs.1,000/- each with default stipulations.

Learned counsel for the appellants/applicants has submitted that appellants are innocent and have been falsely implicated in the crime in

question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellants have deposited the fine amount. The trial Court has suspended the sentence till 22.03.2022. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellants/applicants.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case and the role attributed to the appellant which is different from the main accused - Vikas Patel, without commenting on merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) each with one surety in the like amount to the satisfaction of

the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellants - Ravi Patel and Ajay Patel shall remain suspended during the pendency of this appeal and they be released on bail.

The appellants shall appear before the concerned trial Court on

21.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.3886/2022 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.09 17:31:38 IST