Yashpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 10056 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 5537 of 2022
                  (YASHPAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 21-07-2022
         Shri Anoop Nigam, learned counsel for the appellants.

         Shri Rajesh Shukla, learned Dy.Advocate General for the respondent-

State.

Shri Brijesh Tyagi, learned counsel for the complainant. Heard on I.A.No.10357/2022, an application under Section 389(1) of Cr.P.C. in respect of appellants No.1-Yashpals/o Ramnarayan Yadav and

appellant No.6 Rajkumar @ Palu s/o Chandrbhan Yadav.

Appellants No.1 and 6 stood convicted under Section 148 of IPC and sentenced to suffer 06 months' RI with fine of Rs.1,000/- and under Section 324/149 of IPC, sentenced to suffer 01 year's RI with fine of Rs.3,000/- and under Section 325/149 of IPC and sentenced to suffer 03 years' RI with fine of Rs.6,000/- with default stipulation respectively vide judgment of conviction and order of sentence dated 15/06/2022 passed by III Sessions Judge, Shivpuri, District-Shivpuri (M.P.). in Sessions Trial No.500134/2016.

On 14.07.2022, appellants No.2 to 5 have been granted suspension of

sentence, however, prayer for suspension of sentence in respect of these appellants No.1 and 6 was deferred pending receipt of the record and also on an objection that they have criminal antecedents.

Record has been received.

Learned counsel for the appellants No.1 and 6 submits that in most of the cases, these appellants have been acquitted and the judgments were also passed on Board for perusal.

Upon considering the submissions advanced, maintaining parity with appellants No.2 to 5, this Court is of the considered view that sentence awarded to appellants No.1 and 6 also deserves to be suspended.

Accordingly, it is directed that the jail sentence of appellants No.1 and 6 shall remain suspended and they be released on bail subject to verification of the factum of depositing the fine amount and on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) each with one solvent surety each in the like amount to the satisfaction of the trial Court. Appellants No.1 and 6 are directed to appear before the Registry of this Court first on 29/08/2022 and on other subsequent dates as may be fixed in this

behalf with following further conditions:-

( i ) the concerned jail authorities are directed that before releasing appellants No.1 and 6, their medical examination be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action or any further test required b e undertaken immediately. If not, appellants No.1 and 6 shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Ac c o rd ingly, I.A.No.10357/2022 stands allowed in respect of appellants Nos.1 and 6.

Certified copy as per rules.

           (ROHIT ARYA)                                 (MILIND RAMESH PHADKE)
              JUDGE                                              JUDGE

      SP
SANJEEV
KUMAR PHANSE
2022.07.22
17:41:24 +05'30'