Mohit Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 5306 MP

Madhya Pradesh High Court

Mohit Patel vs The State Of Madhya Pradesh on 21 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2289 of 2024
                                          (MOHIT PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 21-02-2024
                                 Shri R. S. Patel - Advocate for the appellant.

                                 Shri Ajit Kumar Rawat - Govt. Advocate for the State.

                                 Record of the Court below be called for.
                                 Appellant has filed I.A. No.4203/2024 an application under Section
                           389(1) of Code of Criminal Procedure for suspension of jail sentence.

                                 Appellant has been convicted under Sections 354             of the IPC and
                           Section 11(iv)/12 of the POCSO Act and has been sentenced to undergo R.I.
                           for 2 years with fine of Rs.2,000/- and R.I. for 1 year with fine of Rs. 2000/-
                           with default stipulations.
                                 It is submitted by learned counsel for the appellant that appellant's jail
                           sentence suspended by the trial Court till 5.3.2024. It is submitted that appellant
                           is sentenced to short fixed term imprisonment. Looking to the fixed short term
                           of sentence and sentence of appellant was suspended by the trial Court till
                           5.3.2024, application may be allowed and sentence of appellants may be

                           suspended.
                                 Learned Govt. Advocate appearing for the respondent/State opposed the

application for suspension of sentence.

Heard the counsel for the parties.

Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered

by the appellate Court liberally unless there are exceptional circumstances.

Considering the aforesaid judgment passed by Apex Court and the fact that sentence of appellant has been suspended by the trial Court till 5.3.2024, I.A. for suspension of sentence is allowed.

It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 02.05.2024 and on other dates as may be fixed in this regard till final

disposal of this appeal.

List this appeal after four weeks for admission along with the record. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

AD/