Citation : 2025 Latest Caselaw 3780 MP
Judgement Date : 12 August, 2025
1 CRA-435-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 435 of 2025
(DILLI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
CRA/850/2025
Dated : 12-08-2025
Shri Sourabh Bhushan Shrivastava - Advocate for appellants in
CRA No. 435 of 2025.
Shri Rudra Pratap Thakur - Advocate for appellants in CRA No.
850 of 2025
Shri Manas Mani Verma - Government Advocate for
respondent/State.
Shri Pushpendra Kumar Dubey - Advocate for objector.
Heard on I.A. No.716 of 2025, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants No. 1 Dilli Singh S/o Shri Jivanlal Patel and appellant No. 2 Akhilesh Patel S/o Shri Dilli Singh Patel in Cr.A. No.435 of 2025 and I.A. No.8816/2025, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant No.2
Gopal Patel S/o Jeevanlal Patel in Cr.A. No.850 of 2025.
Both these appeals are filed being aggrieved of judgment dated 26.12.2024 passed in ST No.116/2023 by the learned Fourth Additional Session Judge, Narsinghpur whereby appellants have been convicted in the following manners:-
Appellant No.1 Dilli Singh and appellant No.2 Akhilesh Patel in
2 CRA-435-2025
Cr.A. No.435 of 2025.
Conviction Sentence
Section Act Imprisonment Fine if Imprisonment
deposited in lieu of fine
450 IPC R.I. for 05 years Rs.1000/- R.I. for two
months.
302/34 IPC RI for life Rs.5000/- R.I. for three
months.
Appellant No.2 Gopal Patel in Cr.A. No.850 of 2025.
Conviction Sentence
Section Act Imprisonment Fine if Imprisonment
deposited in lieu of fine
450 IPC R.I. for 05 years Rs.1000/- R.I. for two
months.
302/34 IPC RI for life Rs.5000/- R.I. for three
months.
I t is submitted that the main accused is Indrapal Patel for whom there is an allegation of causing injuries to the deceased Nitin with Farsa/Bakka. There are general and omnibus allegations against the present applicants. There is contradiction in the statements of the star prosecution witness i.e. PW-2 Prahlad, PW-3 Bhagwan Singh, PW-4 Devi Singh Choudhary and PW-6 Kunjbihari Lodhi. There are good chances of success in appeal, therefore, prays for suspension of sentence and grant of bail to the appellants No. 1 Dilli Singh S/o Shri Jivanlal Patel and appellant No. 2 Akhilesh Patel S/o Shri Dilli Singh Patel in Cr.A. No.435 of 2025 and appellant No.2 Gopal Patel S/o Jeevanlal Patel
3 CRA-435-2025 in Cr.A. No.850 of 2025.
Shri Manas Mani Verma, learned Public Prosecutor for the State and Shri Pushpendra Kumar Dubey, learned counsel for the objector opposes the prayer for suspension of sentence and grant of bail to the present applicants.
Taking these facts into consideration and without commenting on merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the appellants No. 1 Dilli Singh S/o Shri Jivanlal Patel and appellant No. 2 Akhilesh Patel S/o Shri Dilli Singh Patel in Cr.A. No.435 of 2025 and appellant No.2 Gopal Patel S/o Jeevanlal Patel in Cr.A. No.850 of 2025 and release them on bail.
Accordingly, I.A. No.716 of 2025 in CRA No. 735 of 2025 and I.A. No.8816 of 2025 in CRA No. 850/2025 are allowed.
It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) each with two sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 21.11.2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail
sentence of appellants No. 1 Dilli Singh S/o Shri Jivanlal Patel and appellant No. 2 Akhilesh Patel S/o Shri Dilli Singh Patel in Cr.A.
4 CRA-435-2025
No.435 of 2025 and appellant No.2 Gopal Patel S/o Jeevanlal Patel in Cr.A. No.850 of 2025.shall remain suspended and they be released on bail till final disposal of these appeals.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH) JUDGE JUDGE AR
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