Vipin Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 4288 MP

Madhya Pradesh High Court

Vipin Patel vs The State Of Madhya Pradesh on 13 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                  1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          CRA No. 6910 of 2023
                                                  (VIPIN PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-02-2024
                                 Shri Aman Patel - Advocate for the appellant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent-State

of M.P.

Heard on I.A.No. 16680 of 2023 which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to

appellant - Vipin Patel arising out of judgment dated 03.05.2023 delivered in Session Trial No.35/2022 passed by Second Additional Sessions Judge, Amarpatan District Satna.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I for Life with fine of Rs.1000/- and under Section 201 of IPC and sentenced to undergo R.I for 5 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant while pressing the application for suspension of sentence of the appellant submits that the present appellant is

son-in-law of deceased Ramesh Patel. There is no direct evidence in the case and he has been roped in only on the basis of circumstantial evidence. There is seizure of an axe at the instance of present appellant but the said seizure is from open place. The other circumstance is that the tower location of mobile of present appellant was near the place of occurrence is also doubtful because no mobile has been seized from the present appellant. It is further stated that the present appellant was on bail during trial and he has not misused the terms of bail. The appeal is of year 2023 and there is no possibility of early hearing of

this appeal in near future. Thus, remaining jail sentence of the present appellant may be suspended.

The prayer is opposed by learned Government Counsel on the basis of objection.

Considering the aforesaid factual backdrop and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 16680 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Vipin Patel be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Amarpatan District Satna on 18.04.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                             (SUJOY PAUL)                                                  (VIVEK JAIN)
                                JUDGE                                                         JUDGE

                          Prar