Bhupendra Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 28117 MP

Madhya Pradesh High Court

Bhupendra Yadav vs The State Of Madhya Pradesh on 4 October, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                             1                                 CRA-11140-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 11140 of 2024
                                           (BHUPENDRA YADAV Vs THE STATE OF MADHYA PRADESH )



                          Dated : 04-10-2024
                                Shri Mayank Sharma - Advocate for the appellant.
                                Shri N.S. Solanki - Panel Lawyer for the respondent/State.

Call for the trial court record.

Heard on I.A. No.26405/2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant

Bhupendra Yadav, pending the appeal.

Appellant has been convicted for commission of offence under Section 341 of IPC and has been sentenced with fine of Rs.500/- and for commission of offence under Section 325/34 of IPC, he has been sentenced to R.I. for 03 years and fine of Rs.500/- with default stipulations vide judgment dated 10.09.2024 passed by Second Addl. Sessions Judge, Bina, District Sagar in S.T.No.18/2022 ( State of M.P. Vs. Sonu Yadav and another).

Learned counsel for the appellant has submitted that appellant has not

committed any offence. He has been erroneously convicted by the trial Court. It is submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellant till 10.10.2024. The appellant has fair chance to succeed in the appeal. It is further submitted that a short

2 CRA-11140-2024 sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having taken into consideration the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.26405/2024 is allowed. The execution of jail sentence of appellant- Bhupendra Yadav , is hereby suspended subject to

depositing the 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 16.12.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for hearing on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

DV

3 CRA-11140-2024