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Judgment
Ms. Shweta Yadav, learned Public Prosecutor for the State submits that she adopts previous objection.
Heard on I.A.No.30173 of 2025, which is first application under Section 430(1) of BNSS/389(1) of the Cr.P.C for suspension of sentence and grant of bail to the appellant No.5 Kallu Patel @ Kallu Prasad Patel on parity with co-accused persons Rahul Patel and Nilesh Patel.
This appeal is preferred against the impugned judgment dated 25.01.2025 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Jabalpur in Sessions Trial No.264/2022, whereby the appellant No.5 Kallu Patel stands convicted and sentenced as under :-
Conviction
Sentence
Section
Act
Imprisonment
Fine
Imprisonment in lieu of fine
147
I.P.C.
R.I. for six months
NIL
NIL
148
I.P.C.
R.I. for one year
NIL
NIL
323/149
(in respect of Anand
I.P.C.
R.I. for 6
Rs.500/-
Additional R.I. for
Thakur)
months
3 months
323/149
(in respect of Satyam @ Sukhchain)
I.P.C.
R.I. for 6 months
Rs.500/-
Additional R.I. for 6 months
302/149
I.P.C.
Life Imprisonment
Rs.1,000/-
Additional R.I. for 6 months
Learned counsel for the appellant submits that the appellant is innocent. He has been falsely implicated in this case. It is submitted that the appellant has a good case. He submits that the name of present appellant has not even mentioned in the FIR. He further submits that co-accused Rahul Patel and Nilesh Patel have been granted bail by this Court and on the ground of parity with that of the co-accused persons, prayer is made to suspend execution of remaining part of the jail sentence of the appellant and to release him on bail.
Learned Public Prosecutor opposes the prayer made by learned counsel for the appellant.
After hearing learned counsel for the parties and going through the record so also maintaining parity with that of the co-accused Rahul Patel and Nilesh Patel, but without commenting on the merits of the case, we are of the considered opinion that this is a fit case to suspend execution of remaining part of the jail sentence of the appellant and to release him on bail.
Accordingly, I.A.No.30173 of 2025 is allowed.
It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 26.02.2026 and such other dates as may be fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon appellant Kallu Patel @ Kallu Prasad Patel shall remain suspended and he shall be released on bail till final disposal of this appeal.
I.A. No.30173 of 2025 stands disposed of.
List for final hearing in due course.