Madhya Pradesh High Court
Prakash Yadav vs The State Of Madhya Pradesh on 25 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6448 of 2022
(PRAKASH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-07-2023
Ms. Shrishti Kashyap - Advocate for the appellant No.1.
Shri Sharad Verma - Advocate for the appellant Nos.8, 9 & 14.
Shri Ajay Shukla - Government Advocate for the respondent / State.
Heard on I.A.No.17523/2023, which is the first application for
suspension of sentence and grant of bail filed under Section 389(1) of the
Cr.P.C. on behalf of appellant No.1 Prakash Yadav and I.A.No.16760/2023,
which is the first application for suspension of sentence and grant of bail filed
under Section 389(1) of the Cr.P.C. on behalf of appellant appellant No.8
Sahab Singh Adiwasi, appellant No.9 Rajendra Yadav and appellant No.14
Brijesh Yadav.
The appellants have filed this Criminal Appeal being aggrieved by the
judgment of conviction and sentence dated 21.07.2022 passed by IIIrd
Additional Sessions Judge, District Damoh (M.P.) delivered in
S.T.No.100056/2016, whereby appellant Nos.1 Prakash Yadav and
Appellant No.14 Brijesh Yadav have been convicted under Section 148 of
the IPC and sentence to undergo R.I. for two years with fine of Rs.1,000/-,
Section 353 of IPC and sentenced to undergo R.I. for one year and six months
with fine of Rs.500/-, Section 332 of IPC and sentenced to undergo R.I. for
two years with fine of Rs.1,000/- and Section 395/149 of IPC and sentenced to
undergo R.I. for fifteen years with fine of Rs.10,000/- with default stipulations
and appellant Nos.8 Sahab Singh and appellant No.9 Rajendra Yadav
have been convicted under Section 148 of the IPC and sentence to undergo
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 7/26/2023
10:50:50 AM
R.I. for two years with fine of Rs.1,000/-, Section 353/149 of IPC and
sentenced to undergo R.I. for one year and six months with fine of Rs.500/-,
Section 332/149 of IPC and sentenced to undergo R.I. for two years with fine
of Rs.1,000/- and Section 395/149 of IPC and sentenced to undergo R.I. for
fifteen years with fine of Rs.10,000/- with default stipulation.
Learned counsel for the appellants submits that this Court vide order
dated 05/07/2023 suspended the remaining jail sentence of similarly situated co-
accused Hukum Singh Adiwasi (appellant Nos.2), Baliram Adiwasi (Appellant
No.3), Chunnu Adiwasi (Appellant No.4), Muneem (Appellant No.5),
Devenedra Yadav (Appellant No.6), Santosh Yadav (Appellant No.7), Premlal
(Appellant No.10) and Hira Yadav (appellant No.12). By taking this Court to the
prosecution story, it is urged that role allegedly played by present appellants is
similar to that of played by co-accused persons whose sentence has been
suspended by this Court vide order dated 05/07/2023. The remaining jail
sentence of Smt. Tulsa Bai (appellant No.15), Nanni Bai @ Sitarani (appellant
No.16) & Shivrani Yadav (appellant No.17) was suspended by this Court vide
order dated 26/09/2022 and remaining jail sentence of Hari Yadav (appellant
No.11) was suspended by this Court vide order dated 21/02/2023. Thus, by
applying the principles of parity, appellant Nos. 1, 8, 9 & 14 may also be given
the similar benefit.
Learned Government Advocate opposed the prayer on the basis of
objection. However, on a specific query from the Bench, he fairly admitted that
the role played by present appellants appears to be similar to that of other
appellants whose sentence has been suspended by this Court vide order dated
05/07/2023.
Signature Not Verified
Considering the aforesaid, without expressing any opinion on merits of
Signed by: ANURAG SONI
Signing time: 7/26/2023
10:50:50 AM
the case, we deem it proper to suspend the remaining jail sentence of the
appellant No.1 Prakash Yadav, appellant No.8 Sahab Singh, appellant No.9
Rajendra Yadav and appellant No.14 Brijesh Yadav.
Accordingly, I.A.No.17523/2023 and I.A.No.16760/2023 are allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Nos.1, 8, 9 & 14 is hereby suspended and it
is directed that appellant No.1 Prakash Yadav, appellant No.8 Sahab
Singh, appellant No.9 Rajendra Yadav and appellant No.14 Brijesh
Yadav be released on bail on their furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each
of the like amount to the satisfaction of the trial Court with a further direction to
appear before the trial Court, Damoh on 11th of 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
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 7/26/2023
10:50:50 AM
