Autar Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 16443 MP

Madhya Pradesh High Court

Autar Yadav vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 2001 of 2024
                                           (AUTAR YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                  Mr. D.R. Sharma - Advocate for appellants.

                                  Mr. P. Tanwar - Panel Lawyer for respondent/State.

Mr. Manoj Dwivedi - Advocate for respondent/complainant. Also heard on I.A.No. 5633 of 2024, First application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant No. 2-Deep Singh Yadav and appellant No.4-Padam Yadav.

This Criminal Appeal under Section 374 (2) of Cr.P.C., 1973 assails the judgment dated 29.01.2024 passed by First Additional Sessions Judge, Jaura, District Morena in ST No. 255/2018, whereby, appellants stood convicted under Sections 148, 307/149 and 323/149 and sentenced them to undergo maximum ten years RI with maximum fine of Rs.5,000/- each with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellants ignoring the fact that all the eye witnesses stated that these two appellants-accused persons arrived on the spot after the incident or

assaulted by the co-accused-Yeran Singh Yadav, Avtar and Sultan Yadav to the injured. According the to the prosecution witnesses, no role has been attributed on them to cause any injury to any persons/injuered. Allegedly, they simply fired gunshot in air. Further argument is that appellants have already served more than 1 year of incarceration out of total jail sentence of ten years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellants.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A.No. 5633 of 2024 is allowed and the sentence of appellants shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) each along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellants shall appear before the Office of this Court on 11.11.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)