Pappu Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 19640 MP

Madhya Pradesh High Court

Pappu Patel vs The State Of Madhya Pradesh on 23 November, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 637 of 2011
                                              (PAPPU PATEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-11-2023
                                 Shri Jafar Khan - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent-State.

Heard on I.A. No.3152 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -Pappu Patel arising out of judgment dated 19/02/2011 delivered in S.T. No.356/2010 passed

b y Second Additional Sessions Judge, Sagar to the Court of Seventh Additional Sessions Judge, (FTC), Sagar, (MP).

The appellant has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for Life Imprisonment with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that no previous application for suspension of sentence was decided on merits. The appellant is in actual custody w.e.f. 4.4.2010 and has completed more than thirteen years in custody. Final hearing of this appeal is not possible in near future. Thus,

remaining jail sentence of appellant may be suspended.

Learned Government Counsel raised the objection but he did not dispute about custody period of the appellant.

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

Accordingly, I.A. No.3152 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of this appellant is hereby suspended and it is directed that appellant -Pappu 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, Sagar on 8th of January 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                 (SUJOY PAUL)                               (BINOD KUMAR DWIVEDI)
                                    JUDGE                                           JUDGE

                           bks