Ramesh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6818 MP

                                                           1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 855 of 2022
                                     (RAMESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      Dated : 06-05-2022
                             Shri Ghanshyam Pandey, learned counsel for the appellants.

                             Shri D.K. Paroha, learned Government Advocate for the respondent/State.

Heard on I.A. No.1321/2022, application for suspension of sentence and grant of bail filed on behalf of appellant No.2-Girdhari Lal Yadav.

The appellant has been convicted under Section 302 r/w sec.109 of I.P.C. and sentenced to undergo RI for life and fine of Rs.1,000/- with default

stipulation.

Learned counsel for the appellant by placing reliance on the prosecution story submits that it is alleged against the appellant No.2-Girdhari Lal that he instigated the main accused/appellant No.1 to set his wife on fire. It is further submitted that the appellant No.2 is aged about 82 years and he is in judicial custody since 07.12.2021. It is also submitted that the appellant was on bail during trial. The final hearing of this appeal in near future is not possible. The remaining jail sentence of this appellant may be suspended.

In support of his contention with regard to age of appellant, learned counsel

placed reliance on a judgment of Hon'ble Supreme Court in the case of Anil Ari vs. State of West Bengal, AIR 2009 SC 1564.

T h e prayer is opposed by Shri D.K. Paroha, learned Government Advocate.

We have heard the parties and perused the objection and record. Considering the age of appellant No.2, but without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant- Girdhari Lal Yadav only on the ground of age.

Subject to depositing the fine amount, (if not already deposited), the remaining jail sentence of the appellant is hereby suspended. Signature SAN Verified Not Accordingly, aforesaid IA is allowed. The execution of jail sentence of Digitally signed by SWETA SAHU appellant-Girdhari Lal Yadav is hereby suspended and it is directed that the Date: 2022.05.07 17:24:51 IST

appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court, Katni on 19.10.2022 and also on such other dates, as may

be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

     (SUJOY PAUL)                                     (DWARKA DHISH BANSAL)
        JUDGE                                                JUDGE



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