Gudda Yadav vs State Of M.P.
2024 Latest Caselaw 5680 MP

Madhya Pradesh High Court

Gudda Yadav vs State Of M.P. on 23 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 395 of 2010 (GUDDA YADAV Vs STATE OF M.P.)

Dated : 23-02-2024 Shri Raj Shivastava, learned counsel for the appellant.

Shri Prabhakar Kushwah - P.L.- appearing on behalf of Advocate General.

Heard on I.A. No. 4064 of 2024, which is Second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant/Gudda Yadav. The first bail application for suspension of sentence

was allowed by the co-ordinate Bench of this court vide order dated 19/05/2010, but since appellant could not appear before the trial court on a given date, therefore, the co-ordinate Bench of this Court vide order dated 27/12/2023 issued non-bailable warrant of arrest against the appellant and thereafter, the appellant was arrested on 31/01/2024 and since then he is in jail.

This Criminal Appeal assails the judgment dated 23.04.2010 passed by 2nd Additional Sessions Judge, Guna (M.P.) in Sessions Trial No. 381/2009, whereby, appellant has been convicted and sentenced under section 325 of IPC with maximum sentence of One year with maximum fine of Rs. 1,000/- with

default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant. There are material omissions and contradictions in the evidence of prosecution witnesses. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for

its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 4064 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the CJM concerned, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance

before the Office of this Court on 10/06/2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar