Madhya Pradesh High Court

Suresh Patel vs The State Of Madhya Pradesh on 9 May, 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 : 09-05-2024
                                 Shri R.S. Patel - Advocate for the applicants.

                                 Shri C.S. Parmar - Govt. Advocate for respondent State.

Heard on I.A.No.7663/2024, which is an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicant No. 3 Smt. Durga Bai Patel.

The applicant has 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 applicant is not in jail and prays for exemption. The applicant is granted exemption from surrendering before the Trial Court.

Learned counsel for the applicant contends that the co-accused have been enlarged on bail by this Court vide order dated 294/02/2024 in IA

No.3757/2024/2024. Learned counsel for the applicant further submits that the final hearing of the revision will take considerable time and if the sentence is not suspended, 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 co-accused have already been enlarged on bail by this Court vide order dated 29/02/2024, thus, this Court deems it proper to suspend

the sentence awarded to the applicant. Accordingly, I.A. No.7663/2024 is allowed.

It is directed that on applicant's depositing the entire fine amount, if not deposited, her remaining jail sentence shall remain suspended and she shall be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court concerned for her appearance before the trial Court on 08.08.2024 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

VKT