Prakash Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 5512 MP

Madhya Pradesh High Court

Prakash Yadav vs The State Of Madhya Pradesh on 22 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2142 of 2013
                                             (PRAKASH YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-02-2024
                                 Shri J.P. Singrol- Advocate for the appellant - Prakash Yadav

                                 Shri Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

Heard on I.A.No. 23619/2022 third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to sole appellant -

Prakash Yadav arising out of judgment dated 29.06.2013 delivered in S.T No.97/2011 by Additional Sessions Judge Naugaon, Distt. Chhatarpur.

The appellant has been convicted under Section 302/149 of IPC and sentence to undergo life imprisonment with fine of Rs. 2000/-, under Section 148 IPC sentenced to undergo R.I. for three years with fine of Rs. 500/-, under Section 25(IB)(A) of Arms Act sentenced to undergo R.I. for 3 years with fine of Rs. 500/0 and under Section 27 Arms Act sentenced to undergo R.I. for 5 years with fine of Rs. 500/- with default stipulations.

Learned counsel for the appellant submits that although on 11.02.2021

the previous bail application was dismissed on merits, fact remains that by now appellant has undergone more than 14 years actual jail sentence. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned G.A. opposed the prayer but did not dispute the period of custody.

Considering the period of custody and without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of

appellant.

Accordingly, I.A. No.23619/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Prakash 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 Chhatarpur o n 29th April, 2024 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)                                                 (VIVEK JAIN)
                                JUDGE                                                        JUDGE

                          sarathe