Madhya Pradesh High Court
Lallu Yadav vs The State Of Madhya Pradesh on 22 May, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-10331-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10331 of 2024
(LALLU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-05-2025
Shri Sharad Verma - Advocate for the appellant.
Shri Manas Mani Verma- Govt. Advocate for respondent/State.
Shri Bhushan Chatap - Advocate for objector.
Heard on IA No. 12281/25 and IA No. 11321/25, applications for
urgent hearing and urgent relief during vacation.
For the reasons stated in the applications, same are allowed.
Heard on I.A. No. 33064/24 is first application under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and
grant of bail to appellant no.3- Akash Yadav.
This appeal is filed being aggrieved of judgment dated 16.08.2024
passed by learned Additional Sessions Judge, Special Court ( Vidyut
Adhiniyam) Sagar, District-Sagar (M.P.) in Sessions Trial No. 415 of 2022
convicting the appellant No.3 for the offence under Sections 302/34 of the
Indian Penal Code and sentenced him to undergo R.I. for life with fine of
Rs.2,000/-, and under Sections 307/34 of Indian Penal Code and sentenced
to undergo R.I. for 10 years with fine of Rs.2,000/- with default stipulations.
Learned counsel for the appellant submits that appellant is innocent
and there are general and omnibus allegations. The main accused is Lallu
Yadav. As per Dr. Devesh Pateria (PW-3), the injuries could have been
caused in accident and all the injuries were found in hands, legs and there
2 CRA-10331-2024
was one fracture in the chest. The appellant is in custody since 07.06.2022
and there are good chances of success of this appeal. It is, therefore, prayed
that the sentence imposed on the appellant No.3 be suspended and he be
enlarged on bail.
Learned Government Advocate for the State on the other hand
opposes the prayer for suspension of sentence.
After hearing learned counsel for the parties and going through the
record, this Court is of the opinion that it is a fit case to suspend execution
of remaining part of the jail sentence of the appellant No.3 and to release
him on bail.
Accordingly, I.A.No. 33064/24 is allowed. It is directed that on
depositing of 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 sureties in the like amount to the satisfaction of the concerned Trial
Court for her appearance before the Trial Court on 20.8.2025 and on all
subsequent dates as may be fixed by the concerned Trial Court, the
execution of remaining part of the jail sentence of the appellant no.3 shall
remain suspended and he be released on bail till final disposal of this appeal.
Heard on IA No. 3701/25, an application under Section 498 of
Bhartiya Nagarik Suraksha Sanhita, 2023 for delivery of Jeep No. 15-T-3517
on the ground that the trial is complete.
The owner of the vehicle Deepchand @ Gachadi was acquitted by the
trial court. Property will unnecessarily deteriorate, if not put to use.
Therefore, the application is allowed. It is directed that on furnishing
3 CRA-10331-2024
surety upto current market value of the Bolero or Rs. 10,00,000/- ( Rupees
Ten Lacs only) whichever is more and two sureties of the like amount,
vehicle be handed over on Supurdginama imposing such other conditions as
the trial Court deem proper in the facts and circumstances of the case.
Accordingly, I.A.No.10897/25 and IA No. 3701/25 are allowed and
disposed of.
(VIVEK AGARWAL) (VIVEK JAIN)
V. JUDGE V. JUDGE
PG
