Deepak Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7064 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)



Gwalior, Dated:10.05.2022
       Shri Nitin Agrawal, learned counsel for the appellants.

       Shri R.K. Awasthi, learned Public Prosecutor for the

respondent/State.

Shri Anshu Gupta, learned counsel for the complainant.

Heard on I.A.No.7035/22, first application under Section 389

of Cr.P.C. filed by appellants No.1 Deepak Yadav, appellant No.2 Ravi

and appellant No.3 Rahul Yadav for suspension of sentence and grant

of bail.

Vide judgment dated 28.02.0222 passed by 2 nd Additional

Sessions Judge in S.T.No.238/2015 by which the appellants have been

convicted and sentenced as under:

Section Sentence Fine In default stipulation 148 of IPC 2 years R.I. Rs.1000/- 2months RI 323/149 of 1year R.I. Rs.1,000/- 1 month R.I. IPC 307/149 of 7 years R.I. Rs.5,000/- 6 months R.I.

IPC(3 count)

Appellant No.2 Ravi and appellant No.3 Rahul have also been

convicted and sentenced as under:

Section Sentence Fine In default stipulation

25(1-B) 1 year R.I. Rs.1000/- 1 month (R.I.) (A) of Arms Act

Appellant No.2 is also convicted and sentenced as under.

27 of 3 years R.I. Rs.2000/- 3 month (R.I.) Arms Act

During trial, appellant Deepak Yadav was in custody from

15.06.2015 to 03.08.2015. Appellant Ravi was in custody from

19.06.2015 to 16.02.2016. Appellant Rahul was in custody from

15.06.2015 to 03.08.2015. was in custody for one and a half months

After trial from the date of judgment i.e. 28.02.2022, all are in custody.

In brief, prosecution case is that on 07.06.2015 at 8.30 A.M.,

complainant Ashok Yadav lodged a dehatinalshi at emergency ward,

Jhansi Medical college that on the date of incident he was going from

Dinera to Barkua by motorcycle when he reached in front of house of

Raghunath Yadav, Raghunath Yadav, Chandan Yadav, Deepak and

appellant Raja Singh having 315 gun with common intention stopped

him. Due to previous disputed started abusing him and assaulted the

complainant with the aforesaid weapons. He cried. His nephew

Pawan and Jitendra @ Jeetu came to intervened then Shailu fired by

315 bore gun. Bullet went away touching on private part. Ravi fired

on Pawan. Buttlet hit on his head. Also fired on Dhaniram. He got

injury. On the basis of dehatinalshi F.I.R. has been registered on the

aforesaid offednce. After submission of charge-sheet, trial was

conducted.

From the side of appellant/accused, it was submitted that

omnibus statements by assaulting authority were made against the

present appellants. Co-accused Raja Singh has been granted

suspension of sentence vide order dated 19.04.2022 passed in

Cr.A.No.2681/2022. Fine amount has been deposited. Conclusion of

the trial will take time. Therefore, prays for grant of suspension of

sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.7035/22

is allowed. Subject to verification of fine amount amount deposited

by the appellants and on furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty five thousand only) each

with one solvent surety each in the like amount to the satisfaction of

the concerned trial Court, the remaining jail sentence of the appellants

shall remain suspended and he shall be released on bail.

The appellants shall firstly appear before the Registry of this

Court on 16.08.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                                    (Deepak Kumar Agarwal)
 mani                                                     Judge


SUBASRI MANI
2022.05.11
11:39:22 -07'00'