Azad Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 18160 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 13433 of 2023
                                                (AZAD PATEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri R.K. Awasthi - Advocate for appellant.

                                 Shri Anoop Sonkar - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Let record of court below be called for.

Also heard o n I.A. No.25323/2023, 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 -Azad Patel.

The appellant has been convicted vide judgment dated 05/10/2023 passed by 28th Additional Sessions Judge, Jabalpur in S.T. No. 170/2018 and appellant has been found guilty for commission of offence punishable under Section 307/34 of IPC and sentenced to undergo RI for 3 years and to pay fine of Rs.1,000/- 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. Custodial sentence of appellant has already been suspended by trial Court till 04/11/2023. 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 appellant1 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. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

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, contention of learned counsel for the appellant coupled with the fact that the custodial sentence of appellant has already been suspended by trial Court since 04/11/2023 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 -Azad Patel s hall remain suspended during the pendency of this appeal and he be released on bail

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 surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 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. Certified copy as per rules

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM