Kishan Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 9604 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 1038 of 2022
                                               (KISHAN PATEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-06-2023
                                 Shri Anil Khare - Sr. Advocate with Shri Sahil Sharma - Advocate for

                           the appellant.
                                 Shri Pramod Kumar Pandey - G.A. for the respondent-State.

I . A . No.5702/2022, first application u/S.389 (1) of Cr.P.C. for suspension of sentence moved on behalf of appellant- Kishan Patel is taken

up and considered along with reply of the State.

This criminal appeal assails the judgment dated 05.01.2022 passed in Sessions Trial No.116/2019 (CIS S.T. No.66/2019) by Second Additional Sessions Judge, Chhatarpur (M.P.), whereby appellant has b een convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.500/- and under Section 201 of IPC and sentenced to undergo RI for 3 years with fine of Rs. 500/-, with default stipulations.

Learned senior counsel submits that accused was in actual custody from

2nd June, 2019 to 21.11.2020 and from 05.02.2020 to 05.01.2022 he continues

to remain behind bars till date. He further submits that the charge against the appellant is that he caused death by administering sleeping pills to deceased (Ram Karan) as well when he was in slumber and set him on fire, which caused his death. It is also contended that there is no reliable evidence to support the conviction, final disposal of the case will take considerable time. Hence, the prayer for suspension of sentence is made.

On the other hand learned G.A. has opposed the prayer for suspension of sentence and grant of bail and has supported the judgment of conviction Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 28-06-2023 10:40:55

and sentence passed by the learned Trial Court as being based on clinching evidence.

We have heard learned counsel for the parties and perused the record. Learned Trial Court in Paragraph 18 mentioned that case is based on circumstantial evidence. Observation has also been made about the statements of defence witnesses.

Looking to the nature of the case and evidence adduced by both the parties and considering the period of custody as also taking into account that final disposal of this appeal will take considerable time, without commenting on the merits of the case, we deem it fit to grant bail to the appellant by way of

suspension of sentence.

Hence, I.A. No.5702/2022 is allowed.

It is directed that jail sentence of appellant-Kishan Patel will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court

for his appearance before the Trial Court, Chhatarpur on 19 th September, 2023 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned Trial Court, then concerned Trial Court, shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. C.c. as per rules.

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 28-06-2023 10:40:55

(SHEEL NAGU) (AVANINDRA KUMAR SINGH) JUDGE JUDGE Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 28-06-2023 10:40:55