Madhya Pradesh High Court
Rajesh Yadav vs The State Of Madhya Pradesh on 31 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3245 of 2013
(RAJESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-01-2023
Shri Arun Kumar Vishwakarma - Advocate for the appellant No.1.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Heard on I.A.No.20288/2022 an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Rajesh
Yadav arising out of judgment dated 29/11/2013 delivered in S.T. No.65/2013
by the learned I Additional Sessions Judge, Balaghat.
The appellant has been convicted under Sections 302, 201 of the IPC
and sentenced to undergo live imprisonment with fine of Rs.5,000/- and R.I. for
seven years with fine of Rs.1,000/- respectively with default stipulation.
Learned counsel for this appellant submits that except present appellant,
other co-accused persons have already received the benefit of suspension of
sentence. As per the case of prosecution between 14/01/2013 till 17/01/2013 the
appellant alongwith other co-accused persons assaulted and murdered Kailash
Yadav and thrown his dead body in Katang Nala.
Learned counsel for this appellant submits that there is no eyewitness of
the incident. The case of the prosecution against all the accused persons is
almost similar. The appellant was held to be guilty on the basis of last seen
evidence, which is not a strong piece of evidence. Appellant remained in actual
custody for more than 10 years. The final hearing of this appeal is not possible
in near future. Thus, remaining jail sentence of appellant No.1 Rajesh Yadav
may be suspended.
Shri Ajay Shukla, learned Government Advocate opposes the prayer, but
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 01-Feb-23
1:29:51 PM
did not dispute the custody period of this appellant.
Considering the aforesaid, without expressing any opinion on the merits
o f the case, we deem it proper to suspend the remaining jail sentence of
appellant No.1 Rajesh Yadav. Accordingly, I.A.No.20288/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No.1 Rajesh Yadav is hereby suspended
and it is directed that on furnishing a personal bond for a sum of Rs.30,000/-
(Rupees Thirty Thousand Only) along with one solvent surety in the like
amount to the satisfaction of the trial Court, appellant No.1 Rajesh Yadav be
released on bail with a further direction to remain present before the Trial
Court, Balaghat on 24/04/2023 and on such other dates as may be fixed by
the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 01-Feb-23
1:29:51 PM
