Madhya Pradesh High Court
Yadvendra Singh Baghel vs The State Of Madhya Pradesh on 11 September, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11967 of 2022
(YADVENDRA SINGH BAGHEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-09-2023
Shri Surendra Singh - Senior Advocate with Shri Jagat Singh -
Advocate for appellants.
Shri Yogesh Dhande - Public Prosecutor for respondent/State.
Shri K.D. Singh - Advocate for objector.
I.A. No.21448 of 2023 is dismissed as being infructuous.
For the reasons assigned, I.A. No.21705 of 2023 - an application on
behalf of the objector, is allowed.
Heard on I.A. No.20635 of 2023.
This is the first application seeking for suspension of sentence and bail
filed on behalf of accused/appellant Nos.2 and 4 namely Muchnu @ Vishnu
Singh Baghel and Bablu @ Prabal Pratap Singh Baghel respectively who have
been convicted under Section 302 of the IPC and sentenced to undergo
Imprisonment for Life and to pay a fine of Rs.5000/- with default stipulation as
mentioned in the judgment dated 29.11.2022 passed by Second Additional
Sessions Judge, Amarpatan District Satna in S.T. No.500047 of 2017.
The case of the prosecution, in substance, is that the accused No.2 and 4
were also involved in committing murder of Sandeep (since deceased) by
means of a rod, danda and stick.
It is argued that the case of the appellants No.2 and 4 is identical to the
co-appellant viz. Yadvendra Singh Baghel who has already been released on bail
vide order dated 16.08.2023 and the role of the accused is not distinguishable
from the role of co-appellant. It is further submitted that the deceased was
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 9/13/2023
10:35:07 AM
mentally unstable and used to quarrel with the people of the locality. The fatal
injury is attributed to other co-accused Santosh Singh. The incident in question
had taken place all of a sudden. The medical report shows that the cause of
death was due to external bleeding on account of head injury. The accused
No.2 and 4 are ready to furnish adequate surety and shall abide by the
conditions which may be imposed by the court while considering their
application for suspension of sentence. On these grounds, prayer is made to
enlarge the accused on bail on the ground of parity.
Learned Public Prosecutor as well as the counsel appearing for the
objector opposed the prayer and prayed for dismissal of the application for
suspension of sentence.
On hearing the learned counsels and considering the nature of allegation
as found proved against the accused No.2 and 4 coupled with the fact that
similarly placed co-accused has already been granted bail and there is no
possibility of early hearing of this appeal in near future, but without commenting
on the merits of the case, we are of the view that the appellants No.2 and 4
namely Muchnu @ Vishnu Singh Baghel and Bablu @ Prabal Pratap Singh
Baghel deserve to be enlarged on bail. Consequently, I.A. No.20635 of 2023 is
allowed.
Accused/appellant No.2 and 4 namely Muchnu @ Vishnu Singh Baghel
and Bablu @ Prabal Pratap Singh Baghel are directed to be enlarged on bail
subject to deposit of the fine amount and on their furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent
surety of the like amount to the satisfaction of the trial Court for their
appearance before the trial Court/concerned Court on 21.11.2023 and thereafter
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 9/13/2023
10:35:07 AM
on such other subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
vinod
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 9/13/2023
10:35:07 AM
