Deepak Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 10174 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           CRA No. 3944 of 2022
             (DEEPAK YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-07-2022
      Shri Nitin Agrawal, learned counsel for the appellant No.5.

      Shri   Pramod     Pachauri,       learned   Public   Prosecutor   for   the
respondent/State.

Heard on IA.No.11015/2022, 1st application u/Sec.389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.5- Chandan Singh Yadav.

In brief prosecution case is that on 07.06.2015 at 8.30 A.M., complainant Ashok Yadav lodged a Dehati Nalshi at emergency ward, Jhansi Medical college, that on the date of incident he was going from Dinara to Barkua by motorcycle and as soon as he reached near house of Raghunath Yadav, Raghunath Yadav and Chandan Yadav carrying Luhangi, Deepak and Raja Yadav Lathi, Ravi Yadav 12 bore Katta, Shailu Yadav 315 bore gun and Rahul Yadav armed with 315 bore country-made pistol were standing with common intention. They stopped him and due to previous disputed started abusing him and assaulted the complainant with the aforesaid weapons. When he cried, his

nephew Pawan and Jitendra @ Jeetu came, then Shailu fired with 315 bore gun on Jitendra. Bullet hit near his private part. Ravi Yadav with intention to kill Pawan fired on him, which hit on head and face, as a result of which blood started oozing out. Ravi also fired on Dhaniram, due to which he sustained injury. On his report, Dehati Nalishi was registered for the offence punishable under Sections 341, 294, 323, 147, 148, 149, 307 of IPC. Thereafter on the basis of Dehati Nalshi, F.I.R. has been registered. After submission of

chargesheet, trial was conducted. After trial, appellant has been convicted under Sections 148, 323/149, 307/149 (on three counts) of IPC and sentenced to undergo 2 years RI with fine of Rs.1,000/-, 1 year RI with fine of Rs.1,000/- and 7 years RI with fine of Rs.5,000/- on each count.

It is submitted by learned counsel for the appellant No.5 that during trial appellant No.5 was on bail and he has not misused the liberty granted to him. The appellant No.5 is in jail from the date of judgment dated 28th February, 2022. Co-appellant-Raja Singh has been granted suspension of sentence by this Court in Criminal Appeal No.2681/2022. Main accused is Shailu who fired with 315 bore gun on Jitendra on his private part. He has a good case on merits.

Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.11015/2022 is allowed and it is directed that jail sentence of appellant No.5- Chandan Singh Yadav will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 19th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL)

JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.07.27 18:30:57 +05'30'