Ravinath Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 6133 MP

Madhya Pradesh High Court

Ravinath Yadav vs The State Of Madhya Pradesh on 28 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 984 of 2023
                                 (RAVINATH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 28-02-2024
                                Shri Ajay Kumar Jain- Advocate for the appellants.

                                Shri Akhilendra Singh - Government Advocate for the respondent-

State of M.P.

Heard on I.A.No. 5082 of 2024 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to the appellant

No.2 - Nilesh @ Nellu Yadav arising out of judgment dated 14.12.2022 delivered in S.C (A.T.R) No.48/2021 passed by Special Judge, SC/ST Act Satna.

The appellant has been convicted under Section 302/34 of IPC and sentenced to undergo R.I for Life with fine of Rs. 5000/- and under Section 323/34 of IPC and sentenced to undergo R.I for 1 year with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant while pressing the application for

suspension of remaining jail sentence of the present appellant submits that the appellant No. 1 Ravinath Yadav has been granted benefit of suspension of jail sentence by this Court vide order dated 21.02.2024. It is submitted that the allegation against the both the appellants are similar in nature.

Learned counsel for the appellant while taking this court through the prosecution story submits that the appellants are stated to have assaulted the deceased by means of stick but there was recovery of stone from the appellant No. 1 Ravinath Yadav. It is argued that looking to the deposition

of doctor PW/14 the injury could have been caused either by stone or by lathi. Thus, it is argued that the case of the appellant No. 2 at par with that of appellant 1. The appellant No.2 has already spent almost three years in actual jail custody. The appeal is of the year 2023. There is no possibility of final hearing of this appeal in near future. Therefore, the benefit of suspension of remaining jail sentence may be extended to the appellant No. 2 also.

The prayer is opposed by learned Government Advocate on the basis of written objection.

Considering the aforesaid factual aspect of parity with the appellant No. 1 and bleak chances of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No. 2- Nilesh @ Nellu Yadav.

Accordingly, I.A.No. 5082 of 2024 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 No.2 - Nilesh @ Nellu Yadav be released on bail on his furnishing a personal bond in the 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, Satna District Satna o n 01.05.2024 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

                          MISHRA