Matadeen Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 2964 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 11039 of 2022
                                          (MATADEEN PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2023
                                 Shri R.N. Shah- Advocate for the appellant nos. 3 and 5.

                                 Shri A.S. Baghel - Deputy Government Advocate for the State of M.P.


                                 Heard on I.A. No.2567/2023 for suspension of sentence and grant of
                          bail to appellant No.3, Komal Patel and appellant No.5 Preetam Patel
                          arising out of judgment dated 22.11.2022 delivered in S.T. No.28 of 2020.

                                 The appellant nos. 3 and 5 have been convicted under Section 148 of the
                          IPC and sentenced them to undergo R.I. for 2 years with fine of Rs.1000/-,
                          under Section 324/149 of the I.P.C. and sentenced them to undergo R.I. for 2
                          years with fine of Rs.2000/- and under Section 326/149 of the I.P.C. and
                          sentenced them to undergo R.I. for 4 years with fine of Rs.5000/- with default
                          stipulations.
                                 Learned counsel for the appellant nos. 3 and 5 submits that this court
                          was kind enough          in suspending the remaining jail sentence of remaining
                          accused persons/appellants. The only difference is that the other accused who

                          have already given benefit of suspension of sentence have allegedly caused
                          injuries by means of lathi whereas appellant nos. 3 and 5 have caused injuries
                          by means of axe. The appellant nos. 3 and 5 have no criminal record. They are
                          in custody from the date of judgment. Considering the short term of sentence,
                          the nature of incident and the fact that final hearing of this appeal is not possible
                          in near future, the remaining jail sentence of appellant nos. 3 and 5 may be
                          suspended.
                                 The prayer        is opposed by learned Government Advocate for the
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 2/17/2023
5:02:25 PM
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                          respondent/State.

I have heard the learned counsel for the parties on this aspect at length. Considering the nature of accusation and sentence coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant nos. 3 and 5.

Accordingly, aforesaid I.A. No.2567/2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentences of the appellant nos. 3 and 5 is hereby suspended and it is directed that appellant No.3, Komal Patel and appellant No.5 Preetam

Patel be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Chhatarpur on 3rd May 2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

(SUJOY PAUL) JUDGE

bks

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 2/17/2023 5:02:25 PM