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Madhya Pradesh High Court
Anokhilal vs The State Of Madhya Pradesh on 1 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRA-3460-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3460 of 2025
(ANOKHILAL Vs THE STATE OF MADHYA PRADESH )
Dated : 01-12-2025
Shri Eshaan Datt - Advocate for the appellant.
Ms. Preeti Singh Bais - Panel Lawyer for the State.
Heard on I.A.No.14315/2025 which is first application filed on behalf
of the appellant No.1- Anokhilal and appellant No.2- Devkaran for
suspension of sentence and grant of bail.
The appellants have been convicted by the trial Court under Section
307 of IPC and sentenced them to undergo R.I. for 5 year with fine of
Rs.5000/- with default stipulations.
Learned counsel for the appellants submits that co-accused Nemichand
has been granted benefit of suspension of sentence by Hon'ble Co-ordinate
Bench in Criminal Appeal No. 4008/2025 vide order dated 16.6.2025. It is
also submitted by learned counsel for the appellants that in paragraph 52 of
the judgment dated 20.3.2025 passed in S.T No. 157/2023 it is mentioned
that out of the same incident a case arisen is pending vide Crime No. 61/2023
under Section 296, 323, 324, 325/34 and 506 I.P.C in the Court of II
Additional Sessions Judge in which there is Section 326 Charge was also
there of which S.T No. is 237/2023.
Learned Govt. Advocate although the supports the impugned judgment
but very fairly admits that a counter case arising out of the same incident is
pending.
2 CRA-3460-2025
It is painfully observed that trial Courts are expected to dispose of the
cross-criminal cases by separate trial by separate judgment but on the same
day so that the Appellate Court may be in a position to gather from the
record how the incident started and who was the aggressor but if in the
present appeal, i.e., Cr.A 3460/2025 co-accused Anokhilal and Devkaran
have been convicted and sentenced to imprisonment under Section 307 I.P.C
with five years R.I with fine with default stipulation then the Court would not
be in a position to see their relative role viz a viz the cross case.
In view of the overall facts and circumstances of the case and looking
to the incarceration period of the appellants, I find it to be a fit case to
suspend the jail sentence of the appellants and to release them on bail.
Therefore, without commenting on the merit of the case, the application is
allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) each with one surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of the
appellant No.1- Anokhilal and appellant No.2- Devkaran shall remain
suspended and they shall be released on bail for securing their presence
before the trial Court concerned on a date to be fixed by the concerned trial
Court and on such other dates as may be fixed by the trial Court in that
regard during pendency of this appeal.
This suspension is also granted on the following conditions:
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter.
3 CRA-3460-2025
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and,
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
List this case for final hearing in due course.
Certified copy as per rules.
(AVANINDRA KUMAR SINGH)
JUDGE
VKT
