Rajjan Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 21790 MP

Madhya Pradesh High Court

Rajjan Yadav vs The State Of Madhya Pradesh on 19 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 13916 of 2023 (RAJJAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023 Shri Amit Lahoti - Advocate for appellant.

Shri Alok Sharma - Panel Lawyer for State.

Heard o n I.A. No. 22071 of 2023, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to appellant No. 2 - Madho Singh.

This Criminal Appeal assails the judgment dated 20.10.2023 passed by

Second Additional Sessions Judge, District Shivpuri (M.P.) in Sessions Trial No.110/2019, whereby the appellant No. 2 has been convicted and sentenced under Section 307 r/w 34 of IPC to undergo rigorous imprisonment of seven years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the present appellant ignoring the evidence available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. It was further argued that no role has been attributed by the appellant to cause fatal injuries to Arvind. It is further argued that learned Trial Court has

also ignored the fact that present case is the outcome of previous dispute between complainant party was convicted upon the report of accused party. Learned counsel for the appellant further submitted that present appellant has already served two months incarceration out of total jail sentence. Present criminal appeal is likely to take long time to conclude and the appellant is ready and willing to abide by all the conditions which may be imposed by this Court. Hence, he prayed to suspend the jail sentence and grant of bail to the appellant

No. 2.

On the other hand, learned counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellants as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No.22071 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the

like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 2 - Madho Singh shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 24.01.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Rohit