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Madhya Pradesh High Court
Brajesh Patel @Pappu Patel vs The State Of Madhya Pradesh on 1 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRA-5320-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5320 of 2025
(BRAJESH PATEL @PAPPU PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-12-2025
Shri Kuldeep Singh Rajpoot - Advocate for the appellant.
Ms. Preeti Singh Bais- Panel Lawyer for the State.
Heard on admission.
Heard on I.A. No.24650/2025 , secibd application under Section 389
(1) of the Cr.P.C./ 430 of BNSS, 2023 for suspension of jail sentence and
grant of bail to the appellants.
2. This Criminal Appeal assails the judgment dated 27.05.2025 passed
in ST No.45/2023 by the learned Sixth Additional Sessions Judge,
Gadarwara, District Narsinghpur (M.P.), whereby the appellants have been
convicted under Sections 323/34 (two counts) and sentenced to undergo
three months R.I. with fine of Rs.500/- (on each count) with default
stipulations in the following manner:-
No. Name of Accused Section Punishment Fine In default
One
S.324/34 6 months Rs.1000/- (Rupees months
I.P.C RI One thousand) R.I.
1.
Brajesh Patel @
Pappu Patel S.326/34 Rs.1000/- (Rupees One
I.P.C 4 YEARS One thousand) months
R.I. R.I.
2 CRA-5320-2025
6 months One
S.324/34 RI Rs.1000/- (Rupees months
Ganpat Singh I.P.C One thousand) R.I.
Patel (Kirar) S.326/34 Rs.1000/- (Rupees One
I.P.C 4 YEARS One thousand) months
R.I. R.I.
6 months One
S.324/34 RI Rs.1000/- (Rupees months
Satyapal @ I.P.C One thousand) R.I.
Chhatrapal Patel S.326/34 Rs.1000/- (Rupees One
I.P.C 4 YEARS One thousand) months
R.I. R.I.
3. It is submitted by the counsel for the appellants that the appellants
are in jail from the date of judgment, i.e., 27.5.2025 and during trial they
were also in jail for some period as seen from their certificate issued under
Section 428 Cr.P.C.
4. Learned counsel for the appellants submits that the trial Court has
wrongly convicted the appellants without proper appreciation of facts of the
case. It is also submitted that there is no likelihood of early hearing of the
instant appeal in near future. Hence, he prays to suspend the jail sentence and
grant of bail to the appellants.
5 . Per contra, learned counsel for the State has vehemently opposed
the application and prayed for its rejection.
6. Having considered the submissions advanced by learned counsel for
the parties and after perusal of record, this court is inclined to suspend the
3 CRA-5320-2025
remaining jail sentence of the appellants and to release them on bail.
Therefore, without commenting on merits of the case, I.A. No.24650/2025 is
hereby allowed. Subject to depositing of fine amount, if not already
deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty
Five thousand Only) each with a solvent surety each of the like amount to
the satisfaction of the concerned trial Court, the remaining jail sentence of
appellants shall remain suspended and they be released on bail. The
appellants are further directed to mark their presence before the concerned
trial Court on the date so fixed by the trial Court and thereafter on all
subsequent dates as may be fixed by the trial Court in this regard, till final
disposal of this appeal.
List along with Cr.A. No.5321 of 2025.
Certified copy as per rules.
(AVANINDRA KUMAR SINGH)
JUDGE
VKT
