Vikas Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 6278 MP

Madhya Pradesh High Court

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

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 3018 of 2021
                                             (VIKAS PATEL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                               Shri S. K. Patel - Advocate for the appellant.

                               Shri Akhilendra Singh - Government Advocate for the respondent-State

of M.P.

Heard on I. A. No.1349 of 2024 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to sole appellant - Vikas

Patel arising out of judgment dated 17/03/2021 delivered in S.T No.29/2017 by the Special Judge (POCSO Act, 2012) Rewa (MP).

The appellant has been convicted under Section 376(1) of IPC and sentenced to undergo R.I for 11 years with fine of Rs.5,000/-, Section 294 of IPC and sentenced to undergo S.I. for two months with fine of Rs.200/-, Section 323 of IPC sentenced to undergo S.I. for six months with fine of Rs.200/- and Section 506-B of IPC and sentenced to undergo R.I. for two years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant at the outset fairly submits that although

his previous application was dismissed on merit on 13/12/2022, by now he remained in actual custody for almost 7 years because he is in custody right from 06/03/2017. The total sentence is for a period of 11 years. He has undergone a major part of sentence and fine hearing is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned counsel for the State opposed the application for suspension of sentence and he informed that victim has served.

Considering the total period of sentence and the period undergone,

coupled with the fact that final hearing is not possible in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.1349 of 2024 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 - Vikas 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 Rewa o n 06/05/2024 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

                         manju