Suresh Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 6275 MP

Madhya Pradesh High Court

Suresh Patel vs The State Of Madhya Pradesh on 29 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 460 of 2024
                                         (SURESH PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                                Shri Jagdish Prasad Singrol - Advocate for applicants.

                                Smt. Shanti Tiwari - Panel Lawyer for respondent-State.

Record of the Court below is received.

Heard on admission.

Admit.

Also heard on I.A.No.3757/2024, which is an application under Section

397(1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicants.

The applicants have been convicted under Section 498A/34 of the IPC and has been sentenced to undergo R.I. for one year and fine of Rs.300/- by the Additional Sessions Judge, Pawai, District Panna vide judgment dated 24.01.2020 passed in Criminal Appeal No.55/2018.

Learned counsel for the applicants contends that the applicants are in custody since 07.02.2024. Learned counsel for the applicants contends that the co-accused has been enlarged on bail by this Court vide order dated 24/01/2024

bearing IA No.312/2024. Learned counsel for the applicants further submits that the final hearing of the revision will take considerable time and if the applicants remain in jail, the purpose of filing this revision would be frustrated.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.

Therefore, taking into consideration the totality of the circumstances and also the fact that the applicant is in custody since 07.02.2024 and the co-

accused has already been enlarged on bail by this Court vide order dated 24/01/2024, thus, this Court deems it proper to enlarge the applicant on bail. Accordingly, I.A. No.3757/2024 is allowed.

It is directed that on applicants depositing the entire fine amount, if not deposited, their remaining jail sentence shall remain suspended and they shall be released on bail upon their furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of trial Court concerned for their appearance before the trial Court on 07.05.2024 and on such other dates as may be fixed by it in this regard.

List the matter for final hearing in due course along with CRR NO.81/2024.

Certified copy as per rules

(MANINDER S. BHATTI) JUDGE

Astha