Madhya Pradesh High Court
Vinod Yadav vs The State Of Madhya Pradesh on 8 February, 2023
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9455 of 2022
(VINOD YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 08-02-2023
Shri Abhinav Dubey, learned counsel for the appellant.
Ms. Vibha Pathak, learned Panel Lawyer for the respondent State.
Heard on admission.
Admit.
Also heard on I.A. No.21707/2022, which is the first application filed on
behalf of the appellant- Vinod Yadav for suspension of sentence and grant of
bail.
The appellant has been convicted by the trial Court under Section 304-B
r/w 34, 323 r/w 34 & 354-A(iv) of I.P.C. and sentenced to R.I. for 10 years,
and 1 year with fine of Rs.1,000/-, Rs.1000/- and Rs.500/- with default
stipulations.
As per the prosecution story itself at the time of incident the appellant
was bare handed and due to some dispute regarding the lady member of the
complainant party under Section 354-A of IPC there was a quarrel amongst
Virendra Ahirwar, present appellant and Vinod Mehra.
Meanwhile, the deceased came to the spot and the appellant dashed him
in the drain where the stone (cheep) kept on the drain was broken and deceased
received some internal injuries. On examination doctor found that he died due
to cardiac arrest as a result of hemorrhage shock due to spleen rupture.
Learned counsel for the appellant submitted that appellant is innocent and
has falsely been implicated in the crime in question. The trial Court has not
properly appreciated the oral and documentary evidence available on record.
Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 2/9/2023
10:57:11 AM
The appellant is in custody since 04.08.2022 and final disposal of this appeal
would take considerable time to conclude, therefore, the custodial sentence of
the appellant may be suspended and he may be released on bail.
Learned Panel Lawyer for the State has opposed the application.
After considering the above circumstances and also considering that the
appellant is in jail from the date of Judgment i.e., 04.08.2022. Earlier also he was
in jail from 10.05.2019 to 04.08.2022 about 1182 days. Disposal of present
appeal would take more time, the application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs. 50,000/- (Rupees
Fifty Thousand Only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant-Vinod Yadav
shall remain suspended and he shall be released on bail for securing his
presence before the trial Court concerned on 24.07.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.The
appellant shall regularly appear before the trial Court concerned on every date,
without fail.
List for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
Loretta
Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 2/9/2023
10:57:11 AM
