Anil Patel @ Betu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17850 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10255 of 2023
                                            (ANIL PATEL @ BETU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Akhilesh Singh - Advocate for appellant.

                                 Shri Amit Garg- Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, it is admitted for final hearing. Also heard on IA No. 19340 of 2023, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail.

Appellant stood convicted under Section 392 of the IPC and sentenced to suffer R.I. for 3 years and fine of Rs.5000/-with default stipulations vide judgment of conviction and order of sentence dated 24.07.2023 passed by 4th Additional Sessions Judge, Rewa District- Rewa in S.T. No. 58 of 2017.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several

omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, under these facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No. 19340 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit

of fine amount. Appellant is directed to appear before the trial Court first on 22/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM