Yogesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 27720 MP

Madhya Pradesh High Court

Yogesh vs The State Of Madhya Pradesh on 3 October, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                                  1                               CRA-1716-2017
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                         CRA No. 1716 of 2017
                                                    (YOGESH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024
                                 Shri Yogesh Kumar Gupta, learned counsel for the appellant.

                                 Shri Jayesh Yadav, Dy. G.A. for the State.
                                 Shri Abhishek Rathore, learned counsel for the complainant.

                                 Heard on I.A. No.8517/2024, which is              repeat second application for
                           suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C.

                           on behalf of appellant- Yogesh Ranve.
                                 2. The trial Court has convicted the appellant under sections 354 of the
                           I.P.C. and sentenced to undergo 1 year SI with fine of Rs.500/-, and under section
                           354-A(1) (1) r/w 354(A)(2) of the IPC and sentenced to undergo 2 years SI with
                           default stipulations, vide judgment of conviction and order of sentence dated
                           14.07.2017 passed by Third Additional Sessions Judge, in Special Case
                           No.01/2017.
                                 3. Learned counsel for the appellant submits that the appellant has not
                           committed any offence. It is submitted that earlier on 26.09.2017 the jail sentence
                           of the appellant had been suspended and he was released on bail but thereafter, on

                           09.01.2020 appellant remain absent before this court and non-bailable warrant had
                           been issued against him. Thereafter, on 21.05.2024 appellant surrendered before
                           the trial court since then he is in custody. It is submitted that final hearing of this
                           appeal is not possible in near future therefore, it is prayed that the remaining jail
                           sentence of the appellant may be suspended and he may be released on bail.
                                 5. Learned Govt. Advocate for the respondent/State has opposed the prayer

of the appellant.

2 CRA-1716-2017

6. Counsel for the complainant/prosecutrix pleaded that prosecutrix has no objection if appellant is granted bail.

7. I have heard learned counsel for both the parties and perused the record.

8. Looking to the facts and circumstances of the case and coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.8517/2024 is allowed and the jail sentence of the appellant shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellant- Yogesh Ranve shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 18.11.2024, and on such

other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

10. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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