Uma Kumar Patel @ Lala vs The State Of Madhya Pradesh
2022 Latest Caselaw 4187 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                CRA No. 2302 of 2022
                  (UMA KUMAR PATEL @ LALA Vs THE STATE OF MADHYA PRADESH)

Dated : 25-03-2022
         Mr.Rajroop Patel, learned counsel for the appellant.

         Mr.Rajesh Chand, learned Government Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.4101/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant-Uma Kumar

Patel.

By the impugned judgment dated 28.2.2022 passed by Special Sessions Judge, Rewa in Special Sessions Trial No.189/2020 the appellant has been convicted for offences under sections 354, 506 of IPC & 7/8 of POCSO Act and sentenced to undergo R.I. for 3 years, 6 months and 3 years and fine of Rs.100/-, Rs.100/- & 100/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has passed the impugned judgment without properly appreciating the oral and documentary

evidence available on record. The appellant is on bail during trial. The sentence of the appellant has been suspended by the trial Court itself upto 30.3.2022. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant during pendency of this appeal.

Learned Government Advocate for the respondent/State has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; the maximum sentence awarded is only 03 years; disposal of this appeal would take considerable time; and he was on bail during trial also, without commenting on merits of the case, the application is allowed.

It is hereby directed that the jail sentence of appellant-Uma Kumar Patel shall remain suspended during pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty

Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the trial Court on 03.07.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.4101/2022 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.25 19:40:03 IST