Madhya Pradesh High Court
Yash @ S. Kumar vs The State Of Madhya Pradesh on 15 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7578 of 2021
(YASH @ S. KUMAR Vs THE STATE OF MADHYA PRADESH)
Dated : 15-05-2024
Shri Anil Khare - Senior Advocate with Shri A.J. Mathew - Advocate for
the appellant.
Shri N.S. Solanki - Panel Lawyer for the respondent/State.
None for the objector.
Heard on I.A. No.9531 of 2023, this is repeat application under Section
389(1) of Cr.P.C for suspension of jail sentence and grant of bail to appellant
Yash @ S. Kumar, pending the appeal.
Appellant alongwith co-accused has been convicted for commission of
offence under Sections 323/149 (three counts), 148, 307/149, 324/149, 325/149
of IPC and has been sentenced to undergo R.I. for 6 months & to pay fine of
Rs.500/-, R.I. for 1 year & to pay fine of Rs.500/-, R.I. for 10 years and to pay
fine of Rs.20,000/-, R.I. for 1 year & to pay fine of Rs.500/- and R.I. for 2
years & to pay fine of Rs.500/- respectively with default stipulations vide
judgment dated 02.12.2021 passed in ST No.- 391/2012 (State of M.P. vs.
Veeran Singh and others) by IInd Additional Sessions Judge, Jabalpur (M.P.).
All the sentences are directed to run concurrently.
Learned counsel for the appellant has submitted that appellant has already
undergone almost a period of 2 years & 5 months in jail so far. Appellant has
no criminal antecedents. He has fair chances to succeed in appeal. There is no
possibility of coming of this appeal for hearing in near future. Therefore, it is
prayed that considering the period of incarceration already undergone by
appellant, custodial jail sentence of the appellant may be suspended and he may
be released on bail, pending the appeal.
On the other hand, learned counsel for the respondent/State has opposed
the prayer for grant of bail to the appellant.
I have heard learned counsel for the parties and have gone through the
material available on record.
It is undisputed that appellant has no criminal background and allegation
of firing gun-shots are against Veeran Singh and Dayal Singh. Appellant has
already undergone almost a period of 2 years & 5 months actual incarceration.
Therefore, having taken into consideration the incarceration period already
undergone and the role attributed to the appellant, I deem it proper to suspend
the remaining jail sentence o f the appellant, pending the appeal.
Consequently, I.A. No.9531 of 2023 is allowed.
It is directed that the execution of jail sentence of appellant - Yash @ S.
Kumar is hereby suspended subject to depositing the entire fine amount, if not
already deposited. It is directed that the appellant be released on bail on his
furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 04.11.2024
and also on such other dates, as may be fixed by that Court in this regard
during the pendency of this appeal.
List this case for final hearing in due course alongwith CRA
No.7537/2021.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
@shish
