Omvati Patel vs The State Of Madhya Pradesh
2025 Latest Caselaw 3821 MP

Madhya Pradesh High Court

Omvati Patel vs The State Of Madhya Pradesh on 12 August, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                               1                                CRA-2161-2025
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                        CRA No. 2161 of 2025
                                         (OMVATI PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS )


                           Dated : 12-08-2025
                                 Shri Anil Khare - Sr. Advocate assisted by Shri Priyank Agarwal - Advocate
                           for the appellant.
                                 Shri Nitin Gupta - Government Advocate for the respondent/State.

Heard on I.A.No. 4752 of 2025 , which is first application for suspension of sentence and grant of bail under Section 389(1) of the Code of Criminal Procedure,

1973, on behalf of appellant Omvati Patel W/o Lalit Patel .

This appeal is filed by the appellant being aggrieved of judgment dated 05.02.2025 passed by the learned Special Judge (POCSO Act), Damoh District Damoh (M.P.), in Special Case No. 7 of 2024, whereby appellant Omvati Patel has been convicted for offences under 17 of POCSO Act, 2012 and sentenced her to undergo Rigorous Imprisonment for life and fine of Rs.1000 with default stipulation of RI for three months and under Section 19(1) read with Section 21 of POCSO Act, 2012 and sentenced her to undergo RI for six months and fine of Rs.100/- with default stipulation of RI for one month.

Shri Anil Khare, learned Sr. counsel for the appellant submitted that the

present appellant is innocent. She is falsely implicated in this case. It is further submitted that, at the best, appellant could be liable to be punished under Section 21 of the POCSO Act for which maximum sentence is six months. Appellant remains in custody since 21.02.2024 to 14.03.2024 and since 05.02.2025 till date there is more than six months incarceration. There are good chance of success in the appeal. Hence, prayer is made to suspend the execution of remaining part of

2 CRA-2161-2025 the jail sentence of the appellant and to release her on bail.

Shri Nitin Gupta, learned Government Advocate opposes the prayer for suspension of sentence.

After hearing learned counsel for the parties and going through the records, considering the aforesaid facts and circumstances of the case, without commenting anything on the merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of jail sentence of appellant Omvati Patel and release her on bail.

Accordingly, I.A.No.4752 of 2025 is allowed.

It is directed that on depositing fine amount, if not already deposited and on furnishing personal bond to the tune of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties in the like amount to the satisfaction of the trial Court for her

appearance before the trial Court on 27.10.2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellant Omvati Patel shall remain suspended and she be released on bail till final disposal of this appeal.

List for final hearing in due course.

C.C. as per rules.

                                  (VIVEK AGARWAL)                                (AVANINDRA KUMAR SINGH)
                                       JUDGE                                              JUDGE
                           AR