Devendra Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9216 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11643 of 2022
                                      (DEVENDRA YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-06-2023
                                Shri Manish Datt, Senior Advocate along with Mayank Sharma,

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

Heard on I.A No. 23556 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

Devendra Yadav arising out of judgment dated 30.11.2022 delivered in S.C.No.19/2018 by Special Judge, Anuppur, District-Anuppur.

This appellant has been convicted under Section 307/34 of the I.P.C. read with section 3(2)(v) of the SCT/ST Act and sentenced to undergo for life imprisonment with fine of Rs.5000/- and under Section 294 of the I.P.C. and sentenced to undergo R.I. for 1 month with fine of Rs.500/-, Section 3(1)(r) of SC/ST and sentenced to undergo R.I. for 6 six months with fine of Rs.500/- and Section 3(1)(s) of the SC/ST Act and sentenced to undergo RI for 6 months with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted and sentenced the appellant. It is further submitted by the learned counsel for the appellant that no offence under Sections 307/34 of the IPC read with section 3(2)(v) of the SC/ST Act is made out. Learned counsel for the appellant has referred to para-10 of the statement of injured complaint Durgesh Choudhary and submitted that he has made contradictory statement with regard to as to who assaulted him with Lathi and who assaulted him with hands and fists and on this point, he has contradicted his police statement (Ex.D/1). It is Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 6/21/2023 5:16:06 PM

also submitted that from deposition of Dr. M.L. Chourasiya (PW-11) and Dr. Yateen Khare (PW-12) and their medical reports, it is evident that there in no injury/fracture on vital part of the body and there is only a fracture on the complaint's nose. It is further submitted that appellant Devendra is in custody from 06.02.2018 to 22.02.2018 and from 30.11.2022 till date, therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned Government Advocate has opposed the prayer and submitted that trial Court has rightly convicted and sentenced the appellant under 307/34 read with section 3(2)(v) of the SC/ST Act. In this connection, he has referred

to para-1 of statement of Dr. Yateen Khare (PW-12) in which he has opined that injury found on the person of injured Durgesh Choudhary was dangerous to life and likely to cause death.

Perusal of complainant's deposition shows that he has stated in his cross- examination that Sheshmadi assaulted him with lathi and Devendra assaulted him with hands/fists whereas in his police statement (Ex.P/1) contrary is mentioned i.e. Devendra Yadav has assaulted him with stick (lathi) and Sheshmadi @ Lalllu assaulted him with legs and fists. There is no injury/fracture on the vital part of the complaint Durgesh Choudhary.

Therefore, taking into consideration the above facts and looking to the period of custody already undergone by him and the fact that there is no likelihood of hearing of this appeal in near future but without commenting any opinion on merits of the case, we deem it proper to suspend the jail sentence of the appellant subject to depositing the fine amount (if not already deposited), and and it is directed that this appellant be released on bail on his furnishing a

Signature Not Verified personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) Signed by: S HUSHMAT HUSSAIN Signing time: 6/21/2023 5:16:06 PM

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, Satna on 07.08.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Accordingly, I.A.No. 23556 of 2023 is allowed.

                                  Certified copy as per rules


                               (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                  JUDGE                                              JUDGE

                          sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 6/21/2023
5:16:06 PM