Prakash Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 12590 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 6448 of 2022
                                         (PRAKASH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-08-2023
                                Shri Sharad Verma - Advocate for the appellant No.13-Moti Yadav.

                                Shri Ajay Shukla - Government Advocate for the respondent/State.

Learned Government Advocate prays for and is granted permission to adopt his previous objection.

Heard on I.A No.18305 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant No.13- Moti Yadav arising out of judgment dated 21.07.2022 delivered in S.T. No.100056/2016 by the IIIrd Additional Sessions Judge, District Damoh, (M.P.).

Learned counsel for the appellant no.13 by taking this Court order dated 05.07.2023 and 25.07.2023 submits that this Court was kind enough in suspending the remaining jail sentence of certain appellants. Appellant No.13 is similarly situated. Appellant No.13 is in custody from 21.07.2022. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of

the appellant No.13 may be suspended.

Learned Government Advocate for the State opposed the prayer for suspension of sentence and grant of bail on the basis of objection. However, he did not dispute the factum of parity with those appellants, who have been given the benefit of suspension of sentence by order dated 05.07.2023.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant no.13.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 07-Aug-23 6:15:35 PM

Accordingly, I.A No.18305 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.13 - Moti Yadav is hereby suspended and it is directed that appellant no.13 be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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, District Damoh on 11 th September, 2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

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

                          sm




Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 07-Aug-23
6:15:35 PM