Shubham Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 6882 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3601 of 2023
                                       (SHUBHAM PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 27-04-2023
                                Shri Ravishankar Patel - Advocate for the appellant.

                                Shri Amit Bhurrak - Panel Lawyer for respondent No.1/ State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.5639/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T he appellant has been convicted for commission of offence under Section 341 and 354 of IPC and has been sentenced to R.I. for 01 month and 02 years respectively and fine of Rs.200/- and Rs.3000/- respectively with default stipulation vide judgment dated 1.3.2023 p as s ed in Special Case

No.21/2022 (State of M.P. Vs. Shubham Patel) by Special Judge (POCSO Act), Narsinghpur.

Learned counsel for the appellant has submitted that appellant has been released on bail till 31.3.2023 by the trial Court itself. Thereafter, this Court vide its order dated 20.3.2023 has extended the suspension of jail sentence of the appellant till today. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/28/2023 11:34:20 AM

appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.5639/2023 is allowed. The execution of jail sentence of appellant - Shubham Patel is hereby suspended subject to

depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to 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 on 25.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/28/2023 11:34:20 AM