Dinesh Yadav @ Ballu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 18050 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1967 of 2015
                                  (DINESH YADAV @ BALLU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-10-2023
                                 Shri Sharad Verma - Advocate for appellant No.1 - Dinesh Yadav @

                           Ballu Yadav.
                                 Shri Jubin Prasad - Panel Lawyer for the respondent-State.

Heard on I.A. No.25580 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 -

Dinesh Yadav @ Ballu Yadav arising out of judgment dated 30.06.2015 delivered in S.T. No.168/2013 passed by 1st Upper Sessions Judge, Nasrullaganj, District - Sehore (M.P.).

The appellant No.1 has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant No.1 submits that no previous application of this appellant was dismissed on merits. As per prosecution story, the appellant No.1 caught hold of Smt. Kaushalya Yadav and other co-accused

person poured kerosene on her and set her ablaze. The appellant No.1 remained in actual custody for more than ten years. The final hearing of this appeal of 2015 is not possible in near future. Thus, remaining jail sentence of the appellant No.1 may be suspended.

Learned Penal Lawyer opposed the prayer on the basis of objection. Considering the period of custody of the appellant No.1 and bleak chances of final hearing of this appeal in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/30/2023 6:57:39 PM

sentence of the appellant No.1.

Accordingly, I.A. No.25580 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant No.1 - Dinesh Yadav @ Ballu Yadav 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 trial Court,

Nasrullaganj, District - Sehore on 4 th of December, 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

                           HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 10/30/2023
6:57:39 PM