Yashwant @ Assu Dhurve vs The State Of Madhya Pradesh
2023 Latest Caselaw 17719 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11248 of 2022 (YASHWANT @ ASSU DHURVE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 25-10-2023 Shri Kundanlal Prajapati - Advocate for the appellants.

Shri Akshay Namdeo- Government Advocate for the State.

He a r d on I.A.No.22218/2023, 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-Yashwant @ Assu Dhurve.

The appellant No.1 has been convicted by the trial Court under Sections 302, 201 and 120-B of IPC and sentenced to undergo R.I. for life, RI for 5 years and R.I. for 2 years with fine of Rs.2,000/-, Rs.1,000/- and Rs.500/- respectively with default stipulations, vide judgment of conviction and sentence dated 02.09.2022 passed by 3rd Additional Sessions Judge, Mandla in Sessions Trial No.90/2020.

Learned counsel for the appellant submits that the appellant No.1 has falsely been implicated in commission of alleged offence. It is submitted that except one mobile phone, no incriminating article has been seized from the

possession of appellant No.1. He further submits that deceased died due to cumulative effect of the multiple injuries. It is submitted that this Court vide order dated 03.08.2023 has granted the benefit of bail to the co- accused/appellant no.2 Brijesh @ Bijju Yadav, therefore, on the basis of parity also appellant No.1 is entitled for suspension of sentence and grant of bail. The appellant is in custody since the date of judgment i.e. 02.09.2022. This appeal is of the year 2022 and is not likely to come up for hearing in near future. Under these circumstances learned counsel prays for suspension of remaining jail Signature Not Verified Signed by: SWETA SAHU Signing time: 10/26/2023 5:16:47 PM

sentence of the appellant.

Per contra, learned Government Advocate for the State vehemently opposes the prayer for suspension of remaining jail sentence of the appellant and prays for dismissal of the application.

We have heard learned counsel for the parties at length and perused the record.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant No.1. Accordingly, I.A. No.22218/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant No.1 is hereby suspended and it is directed that appellant No.1-Yashwant @ Assu Dhurve be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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 on 04/12/2023 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)                                 (DWARKA DHISH BANSAL)
                                   JUDGE                                            JUDGE

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Signature Not Verified
Signed by: SWETA SAHU
Signing time: 10/26/2023
5:16:47 PM