Kailash Patel vs State Of Madhya Pradesh
2023 Latest Caselaw 9911 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 7053 of 2023
                                               (KAILASH PATEL Vs STATE OF MADHYA PRADESH)

                          Dated : 30-06-2023
                                Shri Ganga Prasad Patel - Advocate for the appellant.

                                Mrs. Nalini Gurung - Panel Lawyer for the respondent No.1/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.

Heard on I.A.No.12769 of 2023, 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.

Appellant has been convicted for commission of offence under Section 323 of IPC and has been sentenced to S.I. for 01 month and fine of Rs.1000/-, under Section 324 (on 2 counts) and has been sentenced to R.I. for 06-06 months and fine of Rs.2000/- - Rs.2000/- with default stipulation vide judgment

dated 3.5.2023 passed in S.T. No.20/2020 (State of M.P. vs. Kailash Patel) by IV ASJ, Narsinghpur (M.P.) Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. He has been released on bail after conviction by the trial Court itself till 2.6.2023. Thereafter, trial Court vide its order dated 16.6.2023 has extended the bail till 30.6.2023. He has not misused the liberty granted by way of bail. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/1/2023 10:13:35 AM

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 the prayer for grant of bail to the appellant.

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.12769 of 2023 is allowed. The execution of jail sentence of appellant- Kailash 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 14.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/1/2023 10:13:35 AM