Harendra Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 6602 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                               CRA No. 4804 of 2023
                (HARENDRA YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 24-04-2023
       Shri Pradeep Katare, learned counsel for the appellants.

       Shri      S.S.    Kushwah,      learned     Public    Prosecutor,     for   the
respondent/State.

Heard on I.A.No.6140/23 first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.1 Harendra Yadav and appellant No.2 Komal Singh Yadav and appellant No.3

Kanchan Yadav.

This criminal appeal has been filed against the judgment dated 13.03.2023 passed in ST No.1500227/2016 by Second Additional Sessions Judge, District Bhind whereby the appellants have been convicted under Sections 148, 307/149, 427/149 of IPC and sentenced to undergo 1 year' R.I., 05 years RI, and 01 year RI with fine of Rs.500/-, 2000/- and 500/-, respectively with default stipulations.

The appellants are in custody from13.03.2023 i.e. from the date of judgment.

In brief, the case of the prosecution is that complainant Raghunath Singh lodged an F.I.R. at P.S. Mihona that he is surpanch. He was contesting election of surpanch in village Asnet. On the date of incident i.e 12.01.2015 at 10 A.M., he was going by vehicle to village Khur, on the way appellants met. Detained his Bullero vehicle, fired on air. He along with driver ran away towards field. Thereafter, they broken the mirror of the vehicle.

It is submitted by counsel for the appellants that the appellants were on

bail during trial. They have not misused the liberty granted to them. They are ready to abide by all the conditions that may be imposed by this Court. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellants for a

period of one month,I.A.No.6140/23is allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th October, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A.No.6140/23) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.25 11:34:42 -07'00'