Rahul Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 6677 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                  CRIMINAL APPEAL No.3344 of 2022
             (RAHUL PATEL AND OTHERS Vs. THE STATE OF MADHYA PRADESH)


Dated : 25-04-2023

      Shri Ravi Shankar Patel - Advocate for the appellants.
      Shri    Yogesh     Dhande      -       Government    Advocate     for   the
respondents/State.

Heard on I.A.No.14112 of 2022, which is the first application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant No.2 Durgesh Yadav and No.3 Neelesh Yadav.

The appellants have filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 21.03.2022 passed by Sessions Judge, Narsinghpur, District Narsinghpur (M.P.) in ST No.132/2021, whereby the appellants have been convicted under Section 302/34 of the IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.2,000/- (each) with default stipulations.

Learned counsel for the appellants submitted that the allegations against the appellant Nos.2 and 3 are only to cause injury by slaps and fists, in this regard, learned counsel for the appellants drew the attention of this Court towards FIR (Ex.P-15). Learned counsel for the appellants also drew the attention of this Court towards postmortem report (Ex.P-

21) and submitted that cause of death is head injury which was not caused by appellant Nos.2 and 3. It is further submitted that appellant Nos.2 and 3 were on bail during the trial and they have not misused the

liberty granted to them. This appeal is of the year 2022 and there is no possibility of early hearing of this appeal in near future, hence, prays for suspension of remaining jail sentence and grant of bail to appellant Nos.2 and 3.

Per contra, learned counsel for the respondent/State opposed the prayer and submits that trial Court has passed the judgment after proper appreciation of evidence that came on record and has rightly held the appellant Nos.2 and 3 guilty, hence, prays for rejection of application for suspension of sentence and grant of bail.

We have heard the learned counsel for the parties at length and pe- rused the record.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the re- maining jail sentence of the appellant Nos.2 and 3. Accordingly, I.A. 14112 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 Durgesh Yadav and No.3 Nee- lesh Yadav is hereby suspended and it is directed that the appellant Nos.2 and 3 be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) (each) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direc- tion to appear before the Trial Court, Narsinghpur on 12th June, 2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                     (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                        JUDGE                                             JUDGE
       DPS
DHEERAJ PRATAP SINGH
2023.04.26 18:42:54 +05'30'