Kundan Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 17949 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1516 of 2023 (KUNDAN PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri Sharad Verma - Advocate for the appellants.

Shri Aditya Choubey - Government Advocate for the State.

Heard on admission.

Admit.

Heard on I.A.No.7507/2023 which is first application under Section 389

(1) CrPC for suspension of custodial sentence of the appellants namely Kundan Patel and Prakash Patel.

Appellants have been convicted under Section 394/34 of IPC and sentenced to undergo RI for four years with fine Rs.1000/- with default stipulation vide impugned judgment dated 10.01.2023 passed in S.T.No.122/2021 by Fourth ASJ, District Sagar.

It is submitted by the counsel for the appellants that they have been falsely implicated in the case. Trial Court has committed error of law in convicting the appellants. It is further submitted that appeal is of the year 2023

and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellants may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case as well as the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future but without commenting on merits of the case, I.A.No.7507/2023 is allowed. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 22.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellants shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM