Madhya Pradesh High Court
Dinesh Yadav vs The State Of Madhya Pradesh on 15 May, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-14961-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14961 of 2023
(DINESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-05-2025
Shri Ram Sharan Rathore - Advocate for appellant no. 1.
Shri Manas Mani Verma - Government Advocate for the
respondent/State.
We are in receipt of PUD from Superintendent, Central Jail, Bhopal
vide no. 8558/bandi warrant/2024 dated 21/11/2024 informing death of
appellant no. 4 Halka Yadav. Since, Halka Yadav is no more, Shri Ram
Sharan Rathore, learned counsel for the appellant does not wish to press this
appeal on merits qua Halka Yadav.
Accordingly, the appeal qua Halka Yadav is dismissed as abated.
Let name of Halka Yadav be deleted from the cause title of appeal.
Heard on I.A. No.2303/2025, an application for suspension of
sentence and grant of bail to appellant No.1- Dinesh Yadav S/o Late Halka
Yadav.
Appellant is aggrieved of the judgment of conviction and sentence
dated 31.10.2023, passed by the learned IInd Additional Sessions Judge
Itarsi, District Narmadapuram in Sessions Trial No.88/2021, whereby,
appellant has been convicted and sentenced as under :-
2 CRA-14961-2023
Conviction Sentence
Imprisonment
Act Imprisonment Fine
Section in lieu of fine
302 R.I for three
R.I. for life
I.P.C. Rs.1000/- months
R.I. for three
302 R.I. for life
I.P.C. Rs.1000/- months
Learned counsel for the appellant submits that author of F.I.R. is PW-1
Rohit Yadav. In para 20 and 21 of his cross-examination, Rohit has admitted
that deceased and injured party were trying to stop Dinesh by standing on the
side of tractor on which Dinesh was sitting. In para 21, there is an admission
that injury was caused to Dinesh on his head, as a result of which, tractor had
gone out of his control and was trembling.
Thus, it is submitted that when evidence of Patwari PW-26 is taken into
consideration, he has stated in para 3 that the land on which spot map was
prepared is not of the complainant party and it was never recorded in the
name of the complainant party. Thus, case of the prosecution that appellants
were illegally and without authorization trying to plough their land is not
made out. There are good chances of success. Conclusion of appeal is going
to take sufficient time. Hence, prayer is made to suspend the remaining jail
sentence of appellant no. 1 and to release him on bail.
Shri Manas Mani Verma, learned Government Advocate, on the other
hand, opposes the prayer.
3 CRA-14961-2023
It is further submitted by learned counsel for the appellant that in view
of the specific evidence of PW-1 that injury was caused to Dinesh on his
head, as a result of which, he lost control over the tractor, it is a fit case to
grant benefit of suspension of sentence to the appellant.
Taking these facts into consideration, without commenting on the merits
of the case, I.A. No. 2303/2025 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.50,000/-
(Rupees Fifty 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 07.07.2025 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of the jail sentence imposed upon appellant
No.1-Dinesh Yadav shall remain suspended and he shall be released on bail
till final disposal of this appeal.
I.A. No.2303/2025 is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
vy
