Jaspal Yadav vs State Of Madhya Pradesh
2023 Latest Caselaw 9200 MP

                                        1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                CRA No. 5198 of 2023
                          (JASPAL YADAV Vs STATE OF MADHYA PRADESH)

Dated : 20-06-2023
       Shri Ajay Gupta, Senior Advocate with Shri Rajeev Mishra Advocate

for the appellant.
       Shri      Aditya     Narayan      Gupta-Government         Advocate   for   the
respondent/State.

Parties are heard on I.A. No. 8057/2023, an application under Sections

389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Jaspal Yadav arising out of judgment dated 25.03.2023 delivered in S.T. No.100097/2011 by learned Additional Sessions Judge Naungaon, Distt. Chhatarpur.

T he appellant has been convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- and Section 147 of IPC and sentenced to undergo 1 year RI with fine of Rs. 500/- with default stipulations.

Learned counsel for the appellant submits that as per prosecution story

the only role attributed to the appellant is that he exhorted co-accused Prakash to kill the deceased and it is co-accused Prakash, who had fired from katta and killed the deceased. No active role is attributed to the appellant. He was just traveling with the co-accused Prakash in the car at the time of incident. Learned counsel for the appellant has also submitted that co-accused Jitendra and Mahendra have been released on bail vide order dated 27.08.2013 passed in Cr.A. No.1732/2013 and case of the present appellant is similar to the case of the co-accused Jitendra and Mahendra. Therefore, present appellant is also

entitled to be released on bail on the ground of parity.

Learned counsel for the State, while vehemently opposing the prayer of appellant, has submitted that learned Court below has rightly convicted the appellant. Hence, he prays for dismissal of the bail application.

Perusal of record of the case reveals that the role attributed to the present appellant and evidence available against him is similar to that of co- accused Jitndra and Mahendra, who have been released on bail vide order dated 27.08.2013. Therefore, maintaining the parity with the case of co-accused persons, appellant is also entitled to be released on bail. In view of above, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 8057/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Jaspal Yadav is hereby suspended and it is directed that the appellant be released on bail on his 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 concerning trial court Chhatarpur on 11.09.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

   (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
      JUDGE                                                JUDGE

kundan
 Digitally signed by
 KUNDAN SHARMA
 Date: 2023.06.22 13:24:40
 +05'30'