Madhya Pradesh High Court
Jai Kumar Patel vs The State Of Madhya Pradesh on 26 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12312 of 2023
(JAI KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri Ankit Dagor - Advocate for appellant.
Shri Amit Garg- Panel Lawyer for respondent/State.
Heard on I.A. No. 24067/2023, which is an application under Section 5
o f Limitation Act for condonation of delay caused in filing the appeal. The
delay is of 1 day.
For the reasons mentioned in the application, application is allowed.
Delay in filing the appeal is hereby condoned.
Also heard on the question of admission.
Appeal seems to be arguable, it is admitted for final hearing.
Also heard on IA No. 23083 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 392/34 of the IPC and
sentenced to suffer R.I. for 5 years and fine of Rs. 7000/-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
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 10/27/2023
2:00:17 PM
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.
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. 23083 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
2:00:17 PM
