Sohan Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 21996 MP

Madhya Pradesh High Court

Sohan Yadav vs The State Of Madhya Pradesh on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 8724 of 2022
                                    (SOHAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-12-2023
                                 Shri Ranjan Benerjee - Advocate for appellants.

                                 Ms.Ekta Gupta- Panel Lawyer for the respondent/State.

Heard on I.A.No.14510/2023, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant- Sohan Yadav for suspension of sentence and grant of bail. Earlier First bail application was

dismissed vide order dated 20.02.2023.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 20.09.2022 passed by Special Judge, (SC/ST Act), District Chhatarpur in SCATR No.37/2014 Learned counsel for the appellants submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. It is submitted that appellant is in custody from the date of impugned judgment, hence he prayed for suspension of jail sentence and release the

appellant on bail as final hearing of this appeal will take time.

O n the other hand, learned counsel for the respondent/State as well as objector opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that appellant is in custody from the date of impugned judgment and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Sohan Yadav shall remain

suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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