Bhura Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7301 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 5322 of 2017
                   (BHURA YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022
      Ms. Durgesh Gupta, learned counsel for the appellant.

      Mr. O.P. Patel, learned Panel Lawyer for the State.
      Heard on I.A. No.6504/2022 which is second application filed on behalf
of the appellant for suspension of sentence and grant of bail.
      T h e appellant has been convicted by the impugned judgment dated
05.09.2017

passed by learned first Additional Sessions Judge, Maihar, district-

Satna in Session Trial No.43/2017 under Section 376 (2) (I) (j) of the Indian Penal Code and sentenced to undergo RI for 10 years with fine of Rs. 1000/- with default stipulations. Earlier application, namely, I.A. No.9325/2019 was dismissed vide order dated 05.07.2019.

Learned counsel for the appellant has submitted that the trial Court has n o t considered the evidence on record properly and hence arrived at an erroneous finding. It is further contended that no independent witness supported the prosecution case. It is further submitted that the appellant was implicated on the basis of previous animosity between the parties. It is also

contended that the appellant has already served more than half of the sentence. Therefore, it is prayed that the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Looking to the facts and circumstances of the case as well as the medical report and the fact that the appellant is in custody since 13.03.2017 and the appeal would take further a considerable time for disposal, it is deemed fit to

suspend the custodial sentence of the appellant and to release him on bail. Therefore, without commenting on the merits, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Bhura Yadav shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 9.9.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court concerned on

each and every date fixed in this regard by that court without fail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.13 19:05:54 IST