Sagar Yadav vs The State Of Madhya Pradesh
2025 Latest Caselaw 1658 MP

Citation : 2025 Latest Caselaw 1658 MP
Judgement Date : 16 July, 2025

Madhya Pradesh High Court

Sagar Yadav vs The State Of Madhya Pradesh on 16 July, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                                    1                            CRA-1156-2018
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                           CRA No. 1156 of 2018
                                                 (SAGAR YADAV Vs THE STATE OF MADHYA PRADESH )



                          Dated : 16-07-2025
                                Shri Ashok Jain with Ms. Nikita Jain- Advocates for appellant.
                                Dr. Ms. Anjali Gyanani- Public Prosecutor for respondent/State.

Heard on I.A.No.13816/2025, 15th application under Section 389(1) of Cr.P.C./430 (1) of BNS, 2023 on behalf of sole appellant - Sagar Yadav for suspension of sentence and grant of bail.

2. This criminal appeal assails the judgment dated 31.01.2018 passed by 9th Additional Sessions Judge, Gwalior (M.P.) in ST No.688/2014; whereby, present appellant has been convicted and sentenced as under :-

                                 Section    Imprisonment                  Fine
                               302 of IPC       L.I.       Rs.5,000/- with default stipulation

201 of IPC Five Years RI Rs. 5000 with default stipulation

3. It is the submission of counsel for present appellant that the trial Court erred in convicting and awarding jail sentence to appellant. It is further submitted that present appellant has suffered nine years and nine months of incarceration as

pre and post trial confinement. Even otherwise, eye witness refers the fact that appellant inflicted knife blow over chest of deceased, however, no such injury was found by Dr. Ajay Gupta (PW-6). Final hearing of the appeal shall take some time and he has a good case on merits. He undertakes to abide by all terms and conditions as imposed by this Court. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to the present appellant.

4. Per contra , learned counsel for the respondent/State and prayed for

2 CRA-1156-2018 rejection of application.

5. Heard learned counsel for the parties and record perused.

6. Considering the submissions advanced, specially considering the period of custody suffered by the appellant and the fact that hearing of appeal shall take some time, but without commenting on the merits of the case, I.A.No.13816/2025 filed on behalf of sole appellant - Sagar Yadav stands allowed and it is directed that the jail sentence of present appellant shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court concerned. The appellant is directed to appear before the Registry of this Court

first on 15/10/2025 and on other subsequent dates as may be fixed in this behalf.

7. Present appellant shall not be source of embarrassment and harassment to the complainant/victim side in any manner and he shall not move in their vicinity; otherwise, benefit of bail given today by way of suspension of sentence shall be withdrawn immediately.

8. Accordingly, the application stands disposed of.

9 . Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

10. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

(ANAND PATHAK) (HIRDESH) JUDGE JUDGE ar

3 CRA-1156-2018