Maddu Alias Vinit Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 20219 MP

Madhya Pradesh High Court

Maddu Alias Vinit Patel vs The State Of Madhya Pradesh on 1 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 14431 of 2023
                                    (MADDU ALIAS VINIT PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 01-12-2023
                                 Shri Ashish Tiwari - Advocate for appellant.

                                 Shri D.K.Shrivastava - Government Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Let record of Court below be requisitioned.

Also heard on I.A.No.27149/2023 an application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 08/11/2023 passed by Special Judge SC/ST Act, Jabalpur in SC ATR. No.229/2016 for the offence punishable under Section 325 of IPC and sentenced him to undergo R.I. for one year with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 06/12/2023. Learned trial

Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant till

06/12/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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