Om Prakash Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 6282 MP

Madhya Pradesh High Court

Om Prakash Yadav vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1527 of 2016
                                     (OM PRAKASH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                Shri Sharad Verma - Advocate for the appellants Om Prakash Yadav

                          and Omkar Prasad.
                                Shri Arvind Singh - Government Advocate for respondent-State.

Heard on I.A. No. 4684 of 2024 , an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1

Om Prakash Yadav and appellant No.2 Omkar Prasad arising out of judgment dated 26th May, 2016 delivered in Spl. Case No.63/2012 by Special Judge, SC & ST (Prevention of Atrocities) Act, Katni, Distt. Katni.

The appellants have been convicted for the offence punishable under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and fine of Rs.15,000/- each and under Section 323 read with Section 34 of IPC sentenced to undergo R.I. for one year with fine of Rs. 1,000/- each with default stipulations.

Shri Sharad Verma, learned counsel for the appellants submits that

although the previous application was dismissed on merits on 09.05.2019, by now appellants remained in actual custody for more than eleven and half years, reliance is placed on para-40 of the impugned judgment. By taking this Court to the prosecution story, it is submitted that on 29.07.2012 a quarrel had taken an ugly shape during which the appellants allegedly caused injuries on deceased person by means of lathi. Considering the period of custody and bleak chances of final hearing in near future, the remaining jail sentence of present appellants may be suspended. It is pointed out that recently this Court directed the matter

to be listed for final hearing on 25.01.2024 but it was not listed.

Learned Government Advocate opposed the prayer but he did not dispute the period of custody.

Considering the period of custody and bleak chances of final hearing in near future, we deem it proper to suspend the remaining jail sentence of appellants.

Accordingly, I.A. No. 4684 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.1 Om Prakash Yadav a n d appellant No.2 Omkar

Prasad be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court, Katni with a

further direction to appear before the concerned trial Court at Katni o n 29 th 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)                                     (ACHAL KUMAR PALIWAL)
                                JUDGE                                                 JUDGE

                          sarathe