Mutte@Deepakpatel vs The New India Assurance
2023 Latest Caselaw 18989 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13532 of 2023 (MUTTE@DEEPAKPATEL Vs THE NEW INDIA ASSURANCE AND OTHERS)

Dated : 08-11-2023 Shri Tikaram Kurmi - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.25499/2023, this is first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Mutte @ Deepak Patel.

The appellant has been convicted vide judgment dated 18.10.2023 passed by Special Judge (Atrocities) Distt. Damoh in SC ATR No.14/2017 and appellant has been found guilty for commission of offence punishable under Sections 323 of IPC and Section 3(1)(s) and 3(2)(v-a) of the SC/ST Act and sentenced to undergo RI for six months with fine Rs.500/- for each offence with default stipulation.

Learned counsel for the appellant submits that the trial Court has itself

suspended the sentence of the appellant till 16.11.2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned Panel Lawyer has opposed the application. Looking to the entire facts and circumstances of the case as well as the Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/8/2023 4:36:57 PM

fact the appeal would take time to be finally heard, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one separate surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22.12.2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/8/2023 4:36:57 PM