Rajesh Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 3380 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 10955 of 2022
                                            (RAJESH PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-02-2023
                                Shri Manish Datt- learned Senior Advocate with Shri Dheeraj Tiwari

                          Advocate for the appellant .
                                Shri Shailendra Mishra-Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

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

Heard on I.A.No.22395/2022, 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 h e appellant has been convicted for commission of offence under Section 304 Part-II of IPC and has been sentenced to 5 years R.I. and fine of Rs. 50,000/- with default stipulation vide judgment dated 17.11.2022 passed in S.T. No.293/2018 (State of M.P. Vs. Rajesh Patel) by Sessions Judge Shahdol.

Learned counsel for the appellant has submitted that learned trial Court has erroneously convicted the appellant. No offence under Section 304(2) of IPC is made out as Dr. Smt. Rekha Larkhoor (PW-15) in her cross-examination has clearly admitted that she could not ascertain the actual cause of death and she cannot say whether death of the deceased was homicidal, suicidal or accidental in nature. It is further submitted that in deceased viscera, ethyl alcohol has been found. There is no evidence on record that deceased died due to excessive consumption of liquor. Appellant has fair chances to succeed in Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/24/2023 7:39:49 PM

appeal. Therefore, it has been prayed that appellant be released on bail.

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

Looking to the evidence of doctor (PW-15), investigation officer (PW-

16) and other material on record, I am of the view that a case to suspend the jail sentence of applicant is made out.

Consequently, I.A.No.22395/2022 is allowed. The execution of jail sentence of appellant- Rajesh 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 12.6.2023 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

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 2/24/2023 7:39:49 PM