Madhya Pradesh High Court
Deendayal vs The State Of Madhya Pradesh on 18 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:32665
1 CRA-2869-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 18th OF JULY, 2025
CRIMINAL APPEAL No. 2869 of 2024
DEENDAYAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ajay Kumar Jain - Advocate for the appellant.
Shri Manas Mani Verma - Government Advocate for the respondent/State.
ORDER
Per: Justice Vivek Agarwal
Heard on I.A. No.5383/2025, which is first application under
Section 389 (1) of the Cr.P.C./430(1) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 for suspension of sentence and grant of
bail to appellant No.3 Ekam Singh.
The appellant No.3 is aggrieved of the judgment dated
11.02.2019 passed by the learned 1st Additinal Sessions Judge,
Pipariya, District- Hoshangabad (M.P.) in ST No.62/2016,
whereby appellant No.3 stands convicted and sentenced as
under:-
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Conviction Sentence
Imprisonment in lieu of
Section Act Imprisonment Fine
fine
302 r/w149 I.P.C. R.I. for life Rs.1000/- R.I for 3 years.
307 r/w149 I.P.C. R.I. for 14 years Rs.500/- R.I for 2 years.
Rs.500/-
326 r/w149 IPC R.I. for 10 years R.I for 2 years.
325 r/w
I.P.C. R.I. for 3 (each count) Rs.500/- R.I. for 1 years.
Rs.500/-
148 I.P.C R.I. for 1 year R.I for 3 months.
I.P.C. R.I. for 6 years
Rs.500/- R.I for 2 months.
323 r/w149
Learned counsel for the appellant submits that co-appellant No.1
Daulat Singh Gurjar has been extended benefit of suspension of sentence by
Coordinate Bench vide order dated 27.02.2024 and case of appellant No.1 is
on similar footing.
It is evident that Ekam was armed with an axe. Main allegation of
hitting deceased Brajesh is on Deendayal. In the postpartum report only one
incised wound was found on the body of deceased. There are allegations on
Raja Ram of hitting others like Suman, but with a Farsa and human blood
has been found upon it. There is no allegation on him of hitting deceased
Brajesh. In a case of free fight where even the accused party had sustained
injuries, a specific role is required to be seen and, therefore, it appears that
the main allegation of causing injuries to deceased Brajesh was on accused
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Deendayal. Hence, prayer is made to suspend the remaining jail sentence of
the appellant No.3 Ekam Singh and to release him on bail on the ground of
parity.
Learned Government Advocate opposes the prayer for grant of bail to
the present appellant.
After hearing learned counsel for the parties and going through the
record, with a view to maintain parity and without commenting on the merits
of the case, we are of the considered opinion that it is a fit case to suspend
execution of remaining part of the jail sentence of appellant appellant No.3
Ekam Singh and release him on bail. Accordingly, I.A. No.5383/2025 is
allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.30,000/-
(Rupees Thirty Thousand only) with two solvent sureties in the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 24/11/2025 and on such other dates as may be fixed by the Trial Court,
execution of remaining part of the jail sentence imposed upon the appellant
No.3 Ekam Singh shall remain suspended and he be released on bail till final
disposal of this appeal.
List this appeal for final disposal in due course.
Certified copy as per rule.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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NRJ
