Devisingh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6823 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRA No. 1030 of 2022
              (DEVISINGH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2022
      Shri Shreyas Pandit, learned counsel for the appellants.

      Shri Manas Mani Verma, learned              Government Advocate for the
respondent/State.

Heard on I.A.No.4170/2022, which is first application seeking suspension of sentence and grant of bail to appellants-Devi Singh Yadav and Mahendra Yadav.

Vide judgment dated 08.01.2022 passed in Sessions Trial No.56/2017 by the

1st Additional Sessions Judge Jatara,District Tikamgarh, the appellants, namely, Devisingh Yadav and Mahendra Yadav have been convicted under Sections 147, 364A r/w Section 149 and 365 r/w Section 149 of IPC and have been sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, R.I. for life with fine of Rs.5000/- and R.I. for 5 years with fine of Rs.5000/- respectively, with default stipulations.

Learned counsel appearing for the appellants contend that a false case got registered against the present appellants. Learned counsel for the appellants further submits that material witnesses have turned hostile. They have not stated anything against the present appellants. Other co-accused persons have already been

enlarged on bail by this Court by order dated 08.04.2019 passed in Criminal Appeal No.1159/2019 and Criminal Appeal No.921/2019. Therefore, on the ground of parity, prayer is made to suspend the jail sentence of the appellants and to release them on bail.

Learned Government Advocate for the State opposes the prayer as made by learned counsel appearing for the appellants.

After hearing learned counsel for the parties and taking into consideration the over all facts and circumstances but without commencing on the merits of the case, on the ground of parity, including the fact that early hearing of this appeal is not possible,I.A.No.4170/2022 is allowed.

It is hereby directed that execution of remaining jail sentence of appellants Devisingh Yadav and Mahendra Yadav shall remain suspended subject to each depositing the fine amount, if not already deposited and they shall be released on

bail on their furnishing a personal bond of Rs.50000/- each with a solvent surety bond of the like amount each to the satisfaction of the Trial Court for their appearance before the trial Court on 02.09.2022 and thereafter on such subsequent dates as may be fixed by that Court in this regard during the pendency

of this appeal.

Let this appeal be listed along with connected appeals for analogous hearing in due course.

Certified copy as per rules.

              (SMT. ANJULI PALO)                               (DINESH KUMAR PALIWAL)
                    JUDGE                                               JUDGE
Digitally signed
     b
by BIJU BABY
Date:
2022.05.07
14:14:19 +05'30'