Mukesh Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 18704 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 268 of 2013
                                             (MUKESH PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-11-2023
                                 Ms. Savita Choudhary- Advocate for the appellant - Mukesh Patel

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Learned counsel for the State seeks and is granted permission to adopt the previous objection.

Heard on I.A No.21914 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant - Mukesh Patel arising out of judgment dated 09.01.2013 delivered in S.T. No. 626/2010 by the Sessions Judge, Jabalpur, Distt. Jabalpur.

The appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.1,00/-, with default stipulation.

Learned counsel for the appellant submits that as per para -33 of the impugned judgment the appellant is in actual custody from 19.07.2010. Final hearing of this appeal is not possible in near future. So, the remaining jail

sentence of appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of previous objection.

Considering the period of custody and bleak possibility of final hearing of this appeal in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.21914 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 11/7/2023 1:24:36 PM

remaining jail sentence of appellant is hereby suspended and it is directed that appellant - Mukesh Patel be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 Jabalpur on 04.12.2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this Appeal.

C.c. as per rules.

                             (SUJOY PAUL)                                              (VINAY SARAF)
                                JUDGE                                                      JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/7/2023
1:24:36 PM