Madhya Pradesh High Court
Sandeep Patel vs The State Of Madhya Pradesh on 26 July, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7760 of 2023
(SANDEEP PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-07-2023
Shri C.P. Dwivedi - Advocate for the appellants.
SHri Pankaj Tiwari - Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima-facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
As prayed by learned counsel for the appellants, I.A.No.14110/2023 and
15041/2023 are dismissed as withdrawn and not pressed.
I.A.No.16256/2023, which is an application for taking documents on
record is allowed.
Documents are taken on record.
Heard on I.A. No.17998/2023, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant No.4 - Rama
Nand Patel, pending the appeal.
Accused Girishankar Patel alias Brijshankar and Pramod Patel have been
convicted for commission of offence under Section 326/34 of IPC and have
been sentenced to 5 years RI and fine of Rs.20,000/-. Accused Sandeep Patel,
Vinod Patel and Rama Nand Patel have been convicted for commission of
offence under Section 325/34 of IPC and have been sentenced to 3 years RI
and fine of Rs.15,000/- with default stipulations vide judgment dated
27.03.2023, passed in S.T.No.5/2022 (State of M.P. vs. Sandeep and Others)
by Second Additional Sessions Judge, Mauganj, District Rewa.
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court
for commission of offence under Section 325/34 of IPC. It is further submitted
that after conviction and passing of sentence appellant was released on bail till
today by learned trial Court. In the course of trial, appellant was on bail. He has
not misused the liberty granted by way of bail during trial. The appellant has fair
chance to succeed in the appeal. It is further submitted that a short sentence has
been awarded by the trial Court and there is no possibility of hearing of this
appeal in near future. Therefore, if the execution of jail sentence of appellant is
n o t suspended, the purpose of filing this appeal would become futile.
Therefore, it has been prayed that the execution of jail sentence of appellant be
suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellant.
Consequently, I.A. No.17998/2023 is allowed. The execution of jail
sentence of appellant No.4 - Rama Nand 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 20.09.2023 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List this case for arguments on other pending I.As after four weeks.
Certified copy today.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
Digitally signed by
JASLEEN SINGH
SALUJA
Date: 2023.07.26
17:38:08 +05'30'
