Rajesh Kumar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 19211 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 172 of 2022
                                            (RAJESH KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-11-2023
                                 Shri Siddharth Datt- Advocate for appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on I.A. No.148/2022, 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-Rajesh Kumar Patel.

The appellant has been convicted vide judgment dated 30/12/2021 passed by Seventh Additional Sessions Judge, Katni in S.T. No. 1900075/2023 and appellant has been convicted for offence punishable under Section 306 of IPC and sentenced to undergo RI for 10 years and to pay fine of Rs. 5,000/-with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. It is also submitted that there are three dying declarations of deceased on record and

there are various omissions and contradictions in her dying declarations, therefore, no offence under Section 306 of IPC is made out against the appellant. 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.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 11/21/2023 10:21:39 AM

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the allegations leveled against the appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant -Rajesh Kumar Patel shall remain suspended during the pendency of this appeal and he be released on bail 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 surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 02/01/2024 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

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 11/21/2023 10:21:39 AM