Madhya Pradesh High Court
Ramdarsh Patel vs The State Of Madhya Pradesh on 24 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5063 of 2023
(RAMDARSH PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 24-11-2023
Shri S.R. Kushwaha - Advocate for appellant.
Mrs. Ekta Gupta - Panel Lawyer for respondent No.1/State.
None for respondent No.2/victim, even though served.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.7839/2023, t h is is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Ramdarash Patel.
The appellant has been convicted vide judgment dated 21/03/2023 passed
by Special Judge (Protection of Children from Sexual Offences Act, 2012),
Rewa in Special Session Case No. 209/2020 and appellant has been convicted
for offence punishable under Sections 354 and 354(a) of IPC and under Section
3(1)(w)(i) of SC/ST(POA) Act, 1989 and sentenced to undergo RI for 3 years
and to pay fine amount of Rs.500/- for each offence respectively 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. Learned counsel
for appellant submits that custodial sentence of appellant has been suspended
by trial Court since 19/04/2023 and later on aforesaid period has been extended
by this Court vide orders dated 17/04/2023, 02/09/2023 and 01/11/2023 . 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.
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 fact that custodial sentence of appellant has been suspended by trial
Court since 19/04/2023 and later on aforesaid period has been extended by this
Court vide orders dated 17/04/2023, 02/09/2023 and 01/11/2023 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 - Ramdarash Patel 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 solvent surety in like amount to the
satisfaction of the trial Court for securing his presence 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
skt
