Tejbali Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 312 MP

                                                                       1                               CRA-2307-2018
                                            The High Court Of Madhya Pradesh
                                                       CRA-2307-2018

(TEJBALI YADAV Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 27-02-2021 Mr. Ramji Pandey, learned counsel for the appellant. Mr. Rakesh Singh, learned P.L. for the State. Heard on I.A. No.11938/2020, which is an application filed on behalf of appellant Tejbail Yadav seeking suspension of sentence and for grant of bail.

The appellant has been convicted for the offences punishable U/s.450 and Section 376(g) of the I.P.C. with the maximum sentence of 10 years R.I. with default stipulations.

Learned counsel for the appellant submits that this is the second application being filed on behalf of the appellant for suspension of sentence and grant of bail. Learned counsel for the appellant has drawn the attention of this Court to para 58 of the trial Court's order, which reflects that the appellant Tejbail Yadav and another co-accused Gendlal Yadav have been in judicial custody since 01.11.2015, till the delivery of judgment of the learned

trial Court dated 06.12.2017 and thereafter, they continued to remain as prisoners, undergoing their sentence.

Under the circumstances, it is apparent that the appellant Tejbali Yadav who has inter-alia been sentenced to undergo 10 years rigorous imprisonment for an offence U/s.376(g) of the I.P.C., has completed 50% of his total jail sentence.

In view of aforesaid, I.A. No.11930/2020 is allowed it is directed that the remaining part of the jail sentence imposed upon the appellant shall remain suspended and he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court. Signature Not Verified SAN The jail authorities shall have the appellant checked by the jail doctor to

Digitally signed by ASHISH DATTA Date: 2021.03.01 10:50:45 IST 2 CRA-2307-2018 ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.

(ATUL SREEDHARAN) JUDGE

a

Signature Not Verified SAN

Digitally signed by ASHISH DATTA Date: 2021.03.01 10:50:45 IST