Yashwant @ Assu Dhurve vs The State Of Madhya Pradesh
2023 Latest Caselaw 12514 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 11248 of 2022
        (YASHWANT @ ASSU DHURVE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-08-2023
      Shri K.L. Prajapati - Advocate for the appellants.

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

Heard o n I.A. No.3232/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No. 2- Brijesh @ Bijju Yadav arising out of judgment dated

02.09.2022 delivered in ST No. 90/2020 by 3r d Additional Sessions Judge, Mandla, District Mandla.

The appellant No.2 has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.2000/-, Section 201 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 1000/- and Section 120-B of IPC and sentenced to undergo R.I. for 2 years with fine of Rs. 500/-, with default stipulations.

Learned counsel for the appellant No.2 submits that appellant No.2 is innocent and has falsely been implicated in the case. It is further urged that

appellant No.2 has not been named in the missing report. There is no evidence with respect to last seen. Learned counsel after referring para-26 of Lucky Yadav (PW-12) submits that he is not witness of last seen. The prosecution has failed to prove the case against the appellant No.2 beyond the reasonable doubt. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.2 may be suspended and he be released on bail.

Learned Government Advocate has vehemently opposed the prayer on the basis of objection.

Taking into consideration the evidence of Kapoora Bai (PW-1), Sumran Sahu (PW-4) and Lucky Yadav (PW-12) and missing report (Ex.P-1) including the F.I.R. (Ex.P-54A) on record, coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant No.2.

Accordingly, I.A No.3232/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.2- Brijesh @ Bijju Yadav is hereby suspended and it is directed that the appellant No.2 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 concerning trial Court Mandla on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

      (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
         JUDGE                                                JUDGE

   L.R. signed by
Digitally
LALIT SINGH RANA
Date: 2023.08.04
16:56:04 +05'30'