Madhya Pradesh High Court
Achhelal Yadav vs The State Of Madhya Pradesh on 30 June, 2023
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2318 of 2022
(ACHHELAL YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 30-06-2023
Shri Sanjeev K. Singh - Advocate for appellant.
Shri Lokesh Jain - Panel Lawyer for respondent/State.
Heard on admission.
Admit.
Also heard on I.A. No.24125 of 2022 first application filed under Section
389(1) of CrPC for suspension of sentence on behalf of appellant.
Vid e impugned judgment dated 07.02.2022 passed by the Sessions
Judge, Shahdol District Shahdol in Sessions Trial No.41/2019, whereby the
appellant has been convicted for offence punishable under Section 304 Part II
of Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of
Rs.20,000/-, with default stipulations.
It is submitted that the allegation against the present appellant is that he
pushed the deceased in order to stop the fight and he fell on the road itself,
resulting into injury to his head and finally he succumbed to death. There is no
pre-meditation of causing injury to the deceased. All of a sudden the incident
has taken place. The aforesaid statement is supported by the statement of the
wife of the deceased PW-1 as well as her daughter PW-4 who has categorically
stated that the appellant has pushed the deceased resulting into his falling and
subsequently causing injury to his head which has finally resulted into death. No
other allegations are levelled against the present appellant even by the eye
witnesses. He is in custody from the date of judgment. He was on bail and has
never misused the liberty granted by the Court below. He is ready to abide by
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 7/1/2023
4:01:55 PM
all the terms and conditions that may be imposed by this Court while
considering the application for suspension of sentence. There is no likelihood
of early disposal of the appeal. Hence, he prays for suspension of sentence and
grant of bail.
P er contra, learned counsel for the State has vehemently opposed the
application stating therein that there are specific allegations of pushing the
deceased against the present appellant which has resulted into falling of the
deceased and subsequently causing injury to his head which resulted into death
of the deceased and the same is supported by the statement of PW-10, the
doctor who has done the postmortem but the fact that there is any pre-
meditation of inflicting injuries could not shown by the prosecution. On these
grounds, he has prayed for dismissal of the application.
Considering the overall facts and circumstances of the case and looking
to the fact that there is no likelihood of early disposal of the appeal in near
future, this Court is inclined to grant bail to appellant by way of suspension of
sentence. Accordingly, without expressing any opinion on the merits,
I.A.No.24125 of 2022 is allowed and it is directed that the remaining jail
sentence of the appellant shall remain suspended on the appellant's furnishing a
bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate
solvent surety in the like amount to the satisfaction of trial Court concerned for
his appearance before the Registry of this Court on 28.11.2023 and thereafter
on such other dates as may directed by the Registry of this Court in this regard.
List the matter for final hearing in due course.
I.A.No.12944 of 2023 - application for urgent hearing during summer
vacation stands disposed off.
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 7/1/2023
4:01:55 PM
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 7/1/2023
4:01:55 PM
