Indrajeet Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 993 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 11201 of 2022
                                              (INDRAJEET PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-01-2023
                                    Shri R. P. Prajapati - Advocate for the appellant.

                                    Shri A. N. Gupta - Govt. Advocate for the respondent /State.

Trial Court record has been received.

Heard on admission.

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

hearing.

Also heard on I.A.No.22841/2022, 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 326 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 2,000/- with default stipulation by the learned 2nd Additional Sessions Judge, Amar Patan, District Satna vide judgment dated 18.11.2022 passed in S.T. No.10035/2022 (State of MP Vs. Indrajeet Patel).

Learned counsel for the appellant has submitted that appellant has been released on bail till 18.1.2023 by the trial Court. 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 chance to succeed in appeal. There is no possibility of coming of this 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 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/18/2023 10:07:41 AM

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.22841/2022 is allowed. The execution of jail sentence of appellant- Indrajeet 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 9.6.2023 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 hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/18/2023 10:07:41 AM