Munna Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 11169 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 5106 of 2018
                                        (MUNNA PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                                       CRA No.5591 of 2018
                                       (RAJKARAN PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-07-2023
                                Shri Kashiram Patel - Advocate for the appellant No.3 - Rajkumar in
                          CRA No.5591 of 2018 and appellant No.3 Pratap @ Satyadev Patel in CRA
                          No.5106 of 2018.
                                Shri Ajay Shukla - Government Advocate for the respondent/State.

Shri Malikarjun Khare - Advocate for Objector.

Heard o n I.A.No.15453/2023 for appellant Rajkumar and I.A.No.16759/2023 for appellant Pratap @ Satyadev Patel, filed under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to these appellants arising out of judgment dated 27.06.2018 delivered in S.T. No.51/2017 by Additional Sessions Judge, Pawai District Panna (M.P).

The aforesaid appellants have been convicted under Section 302 of IPC (two counts) and sentenced to undergo R.I. for life with fine of Rs.4000/- and under Section 307 of IPC (two counts) and sentenced to undergo R.I. for three

years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for these appellants, at the outset, submits that no previous application was decided on merits. As per prosecution story, the victims were coming back from the court after attending a matter when they were dashed by a 'Bolero' vehicle which was being driven by co-accused Rajkaran Patel. Because of said dash, the Raghvendra and his son Abhishek fell down and they were run over by the 'Bolero' vehicle. The only allegation against

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 7/19/2023 11:44:57 AM

these appellants were that they instigated the driver for the aforesaid overt-act. Learned counsel for the appellants submits that appellants are in custody since 21.1.2017. Final hearing of these appeals is not possible in near future. This Court in CRA No.3979 of 2022 (Narayan Singh @ Naru and others Vs. State of M.P.) considered the bail application of a similar nature of an accused and granted bail to the appellant.

Shri Ajay Shukla, learned Government Advocate opposed the prayer on the basis of objection.

Learned counsel for the parties during the course of hearing took us through the statement of eye-witnesses Surendra Yadav (PW-6) and Asharam

Yadav (PW-11). As per the categorical statements of these witnesses, the appellants were present in the vehicle and allegation against them relates to instigation.

Considering the period of custody of these appellants and the role allegedly played by them, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of these appellants.

Accordingly, aforesaid IAs are allowed.

It is directed that subject to depositing the fine amount (if not already deposited), remaining jail sentence of appellants - Rajkumar Patel and Pratap @ Satyadev Patel is hereby suspended and they shall be released on bail on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial court concerned with a further direction to appear before the Trial Court, Pawai District Panna on 09.10.2023 and also on such other dates, as may be fixed by the court in this regard during pendency of this appeal.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 7/19/2023 11:44:57 AM

Shri S.K. Patel, learned counsel for the appellants fairly submits that I.A. No.16831 of 2021 and I.A. No.17178 of 2021 have rendered infructuous.

Accordingly, aforesaid I.As are dismissed having been rendered infructuous.

Certified Copy as per rules.

                               (SUJOY PAUL)                               (AMAR NATH (KESHARWANI))
                                  JUDGE                                            JUDGE

                          sm




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Signed by: SARSWATI
MEHRA
Signing time: 7/19/2023
11:44:57 AM