Yogesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4691 MP

Madhya Pradesh High Court

Yogesh vs The State Of Madhya Pradesh on 21 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1                                  CRA-6212-2024
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                        CRA No. 6212 of 2024
                                            (YOGESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 21-02-2025
                                 Shri Ashish Gupta advocate for the appellants.

                                 Shri Harish Singh Rathore public prosecutor for the State.

                                 Heard on IA No. 8307 of 2024, which is the first application under
                           Section 389(1) of Cr.P.C. on behalf of the appellant No.5 - Gendalal for
                           grant of bail and suspension of remaining jail sentence.

                                 Vide judgment dated 15.5.2024 passed by the II ASJ, Sendhwa,
                           District Barwani in S.T. No. 136/2021, the present appellant has been
                           convicted for commission of offences punishable under Sections 147, 148,
                           302/149 of the Indian Penal Code and sentenced to undergo 3 months
                           rigorous imprisonment, 6 months rigorous imprisonment and Life
                           Imprisonment with fine of Rs. 100, 200 and 5000/- respectively, with default
                           stipulations.
                                 Learned counsel for the appellant No.5 submits that this appellant has
                           undergone custody of more than one year. The only allegation against

                           appellant No. 5 is that he said to have assaulted the deceased by fists and
                           legs. The deceased sustained only one head injury that too caused by accused
                           Yogesh Thakur. The aforesaid findings are corroborated by medical
                           evidence. The final hearing of this case shall take a long time. Hence,
                           remaining jail sentence of the appellant No.5 be suspended.
                                 Learned Government Advocate for the respondent / State opposes the

                                                               2                               CRA-6212-2024
                           application.

Considering the totality of the facts and circumstances of the case, we deem it proper to suspend the jail sentence of the appellant No.5 - Gendalal.

Accordingly, I.A. No. 4055/2024 is allowed and the execution of remaining jail sentence of the appellant No.5 is hereby suspended till the final disposal of this appeal. It is directed that appellant No.5-Gendalal be released on bail, subject to depositing the fine amount, if not already deposited and upon furnishing a personal bond in the 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 Registry of this Court on 22.4.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this

appeal.

List the appeal for final hearing in due course.

C.C. as per rules.

                                     (VIVEK RUSIA)                                (GAJENDRA SINGH)
                                         JUDGE                                         JUDGE
                           BDJ