Shankar Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 16614 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 999 of 2014
                                     (SHANKAR SINGH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Shri Shashank Upadhyay - Advocate for appellants.

                                 Shri A.S. Baghel - Public Prosecutor for respondent/State.

Shri Anchan Pandey - Advocate for objector.

Heard on I.A.No.17825 of 2023:

2. This is the third repeat application seeking for suspension of sentence and

grant of bail filed on behalf of accused-appellant No.1 namely Shankar Singh Yadav who has been convicted under Sections 147, 148 and 302/149 of the IPC and sentenced to undergo R.I. for one year and fine of Rs.1000/-; R.I. for two years and fine of Rs.1000/- and R.I. for Life and fine of Rs.1000/- with default stipulations, as mentioned in the impugned judgment. His earlier applications were dismissed as withdrawn vide orders dated 06.05.2019 and 13.04.2022 respectively.

3. As per the prosecution story, on 15.10.2012, the complainant Bhagwan Singh lodged a report to the effect that he along with his sons Azad and Bharat

went to attend the 13th day ceremony in the house of Ramsingh Yadav. The present appellant and other co-accused with a common intention took his son Azad behind the house of Balram and assaulted by means of axe and lathi. Due to which, his son died on the spot. Investigation was commenced. After completion of investigation, a charge sheet was filed. After trial, the appellant along with other co-accused have been convicted and sentenced as indicated hereinabove.

4. This repeat application has been filed on the ground that there are material Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 10/13/2023 4:09:15 PM

contradictions and omissions in the statements of the prosecution witnesses. Other co-accused has already been enlarged on bail by this Court vide order dated 30.04.2015 and for the same set of evidence, the appellant is behind the bar since 20.10.2012. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for suspension of sentence and grant of bail.

5. Per contra, learned counsel appearing for the State as well as learned counsel appearing for the objector have vehemently opposed the application stating that the present appellant armed with an axe inflicted injuries to deceased Azad Singh Yadav. There are eyewitnesses to the incident, which clearly

deposed that the present appellant was responsible for committing murder. The doctor has found five injuries over the body of the deceased. Death is reported to be homicidal in nature and the injuries were sufficient to cause death. Under these circumstances, they have prayed for dismissal of the application.

6. Considering the overall facts and circumstances of the case and the active participation of the present appellant in commission of offence coupled with the statements of eyewitnesses, this Court does not deem it appropriate to suspend the remaining jail sentence of the present appellant and release him on bail.

7. I.A. No.17825 of 2023 is accordingly dismissed.

                                (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                  CHIEF JUSTICE                                              JUDGE

                           sj




Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
4:09:15 PM