Munna Alias Radheshyam Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 5564 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 2003 of 2017
                                     (MUNNA ALIAS RADHESHYAM YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-04-2023
                                 Shri Ankit Saxena - Advocate for the appellant.

                                 Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A No. 996/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Munna @ Radheshyam Yadav arising out of judgment dated 09/05/2017 delivered in

S.T. No.173/2015, by 13th Additional Sessions Judge, Bhopal.

T h e appellant has been convicted under Section 307 of I.P.C. and sentenced to undergo rigorous imprisonment for life with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant at the outset fairly submitted that the previous application of this appellant was dismissed on merits on 15.09.2022, but this Court in connected Cr.A. No.1939/2017 granted benefit of suspension of sentence to main accused/Sonu @ Mohd. Ansar on 04.01.2023. As per the prosecution story, the appellant cough hold of the deceased and deceased was

assaulted by main accused Sonu. The appellant remained in custody for more than 5 years. Considering the subsequent even of grant of benefit of suspension to main accused, appellant may be given similar treatment. The final hearing of this Appeal is not possible in near future. Considering the aforesaid, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer on the strength of objection, but did not dispute about the role of present appellant.

Considering the aforesaid and without expressing any conclusive opinion Signature Not Verified Signed by: ROSHNI SINGH Signing time: 4/5/2023 4:47:52 PM

on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.996/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant - Munna @ Radheshyam Yadav 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, Bhopal on 9th May, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.

                                 Certified copy as per rules


                              (SUJOY PAUL)                               (AMAR NATH (KESHARWANI))
                                 JUDGE                                            JUDGE

                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 4/5/2023
4:47:52 PM