Madhya Pradesh High Court
Yashwant vs The State Of Madhya Pradesh on 4 July, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2876 of 2017
(YASHWANT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2023
Shri Madan Singh - Advocate for the appellant No.04.
Shri Ajay Shukla - Government Advocate for the State.
Heard on I.A.No.1674/2023 filed on behalf of appellant No.4 - Premlal
for suspension of sentence and grant of bail arising out of judgment dated
04.07.2017 delivered in Sessions Trial No.1300100/2014 by Third Additional
Sessions Judge Damoh M.P.
The appellant No.4 has been convicted under Section 302/34, 307/34 and
323/34 (5 counts) of IPC and sentenced to undergo life imprisonment with fine
of Rs.1000/- ; RI for 10 years with fine Rs.500/- and R.I. for 6 months (each
count) with fine Rs.500/- (each count) respectively, with default stipulations.
Learned counsel for the appellant by taking this Court to the prosecution
story submits that on 17.03.2014 - Ajay Ahirwar (PW-1) lodged a complaint in
Police Station Taradehi that a sudden quarrel had taken place because of which
the accused persons assaulted deceased Todal by means of Lathi. Shri Madan
Singh by taking this Court to the statement of this eye-witness (PW-1) submits
that he allegedly caused injury by means of a Lathi on the shoulder of the
deceased whereas as per autopsy report the cause of death is head injury. The
head injury is caused by co-accused Halke. Appellant remained in custody
during trial between 19.03.2014 to 17.01.2015 and thereafter from the date of
judgment i.e. 04.07.2017 he is still in custody but the incident had taken place
suddenly without there being any previous animosity or pre-meditation. The
final hearing of this appeal is not possible in near future. Considering the
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 7/5/2023
10:43:39 AM
aforesaid, the remaining jail sentence of the appellant No.4 may be suspended.
Learned Government Advocate for the State opposed the prayer for
suspension of remaining jail sentence and grant of bail.
Considering the aforesaid factual backdrop and without expressing any
opinion on merits, we deem it proper to suspend the remaining jail sentence of
the appellant No.4-Premlal.
Accordingly, I.A.No.1674/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant No.4-Premlal is hereby suspended and it is
directed that the appellant be released on bail on furnishing a personal bond for
a sum of Rs.30,000/- (Rupees thirty 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, Damoh on 11th September 2023 and also 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
anand
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 7/5/2023
10:43:39 AM
