Jagpati Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 11665 MP

                                                   1
                  IN THE HIGH COURT OF MADHYA PRADESH
                               AT JABALPUR
                                        CRA No. 6102 of 2023
           (JAGPATI PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 25-07-2023
         Shri Abhimanyu Singh - Advocate for appellant.

         Ms. Priti Singh - Panel Lawyer for respondent No.1/State.
         Shri Vinod Dubey - Advocate for respondent No.2/Objector.

         Reserved on                        : 24.07.2023.
         Pronounced on                      : 25.07.2023.

................................................................................................................
         Arguments of learned counsel for the parties are heard at length.
         Judgment and record of the Court below perused.
                                                ORDER

Heard on I.A.No.9873/2023, which is an application under Section 389(1) of Cr.P.C filed on behalf of appellant No.2-Chhotelal Singh for temporary suspension of sentence and grant of bail on the ground of marriage of his grandson.

Learned counsel for the appellant has submitted that the aforesaid I.A.

has rendered infructuous.

Accordingly, the aforesaid application is dismissed as rendered infructuous.

Also heard on I.A.No.9872/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellants namely, Jagpati Patel and Chotelal Singh.

T h e appellants have been convicted for offences punishable under Section 467 read with Section 120B of IPC and sentenced to undergo R.I. for

10 years with fine of Rs.5,000/- each and Section 468 read with Section 120B of IPC and sentenced to undergo R.I. for 05 years with fine of Rs.5,000/- each respectively, with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for aforesaid offence. Appellants are in custody and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court.

Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, I find it to be a fit case to suspend the jail sentence of the appellants and to release them on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 30.10.2023 and on such other

dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE

Nitesh

Digitally signed by NITESH PANDEY Date: 2023.07.25 18:05:51 +05'30' Adobe Reader version: 11.0.23