Mukesh Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 20741 MP

Madhya Pradesh High Court

Mukesh Patel vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 4307 of 2023
                                              (MUKESH PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-12-2023
                                 Shri Manoj Mishra - Advocate for appellant.

                                 Smt. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A. No. 9820/2023. This is the first application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 14.03.2023 passed by Second Additional Sessions Judge, Lakhnadaun, District Seoni, in S.C.No.80/2021.

The appellant has been convicted for the offences punishable under Section 366 of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- and Section 376(2)(n) of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5000/- and under Section 506 Part II of the IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. The courts below committed error in appreciating the evidence available on record. He further submits that the appellant and prosecutrix were well known to each other prior to the incident. Prosecutrix is a major lady and she travelled many places with appellant and live with him in one room. There are so many contradictions and omissions in the prosecution witnesses. The medical evidence did not support the prosecution case. Final hearing of this appeal would take sufficient long time

in near future. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that the prosecutrix is a major lady and they are known to each other prior to the incident, without commenting on the merits of the case, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, I.A. No.9820/2023 is allowed. It is directed that subject to

deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the concerned trial Court on 22.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

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