Madhya Pradesh High Court
Satendra Yadav vs The State Of Madhya Pradesh on 27 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 Cr.A. No.8348/2024
HIGH COURT OF MADHYA PRADESH BENCH
AT GWALIOR
CRA No.8348/2024
(Satyendra Yadav and Others Vs. State of M.P.)
Dated: 27/10/2025
Shri Karan Virwani - Advocate for appellant No.1-Satendra Yadav.
Shri Pramod Pachori - Advocate for appellant No.3-Kaushal
Yadav.
Shri A.R. Shivhare - Advocate for appellant No.4-Azad Yadav.
Shri Saket Udeniya - Public Prosecutor for the respondent/ State.
1. Heard on I.A.No.19129/2025, first application on behalf of
appellant No.1-Satyendra Yadav, I.A. No.19743/2025, second application
on behalf of appellant No.3-Kaushal Yadav and I.A. No.19610/2025, first
application on behalf of appellant No.4-Azad Yadav filed under Section
389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail.
2. This criminal appeal assails the judgment of conviction and order
of sentence dated 17/05/2024 passed in S.T. No.200032/2014 by First
Additional Sessions Judge, Datia whereby appellant No.1, 3 and 4 have
been convicted as under:
Section Imprisonment Fine Default in lieu
thereof
Appellant 148 IPC 06 months' RI 500/- 01 months' RI
No.1-
Satyendra
Yadav
302/149 IPC Life 5,000/- 02 years' RI
Imprisonment
307/149 IPC 05 Years' RI 2,000/- 06 months' RI
(four counts)
323/149 IPC 06 months' RI 5,00/- 01 month's RI
(two counts)
Appellant 148 IPC 06 months' RI 500/- 01 months' RI
No.3-Kaushal
Yadav
302/149 IPC Life 5,000/- 02 years' RI
Imprisonment
307/149 IPC 05 Years' RI 2,000/- 06 months' RI
(four counts)
323/149 IPC 06 months' RI 5,00/- 01 month's RI
(two counts)
Appellant 148 IPC 06 months' RI 500/- 01 months' RI
No.4- Azad
Yadav
302/149 IPC Life 5,000/- 02 years' RI
Imprisonment
307/149 IPC 05 Years' RI 2,000/- 06 months' RI
(four counts)
323/149 IPC 06 months' RI 5,00/- 01 month's RI
(two counts)
3. It is the submission of learned counsel for the appellants that the
trial Court erred in convicting and awarding jail sentence to present
appellants No.1, 3 and 4. Appellant No.1, 3 and 4 so far suffered 02 years
and 02 months' incarceration (each) as pre and post trial detention. It is
further submitted that role of present appellants is confined to presence at
the spot only while wielding Lathi. They did not inflict any injuries to any
of the injured person. Testimony of injured Hariram Yadav (PW-1) as
surfaced in examination-in-chief and in para 21 of the cross-examination
indicates that present appellants did not inflict any injury to the injured
witnesses. Other witnesses also narrated the incident in same fashion,
therefore, no injuries have been sustained by the victims because of
present appellant No.1, 3 and 4. Besides that, co-accused/appellant No.3-
Harnam Singh has been enlarged on bail by this Court vide order dated
20/08/2025 (I.A.No.10595/2025) and role of present appellants is similar
to Harnam Singh. The appeal being of the year 2024 will take reasonable
time to conclude. Appellants are ready to abide by all such terms and
conditions as imposed by this Court. Appellants further undertake not to
be a source of embarrassment and harassment to the complainant side in
any manner. Under such circumstances, learned counsel prays for
suspension of sentence and grant of bail to present appellants.
4. Learned counsel for respondent/State opposed the prayer and
prayed for dismissal of the applications.
5. Heard counsel for the parties and record perused.
6. Considering the arguments advanced by learned counsel for the
parties as well as in the facts and circumstances of the case and in view of
the fact that co-accused Harnam Singh has already been enlarged on bail,
and role of appellant is of presence on the spot only and his case is akin to
co-accused Harnam Singh, this Court intends to allow the applications for
suspension of sentence I.A.No.19129/2025, I.A. No.19743/2025 and I.A.
No.19610/2025. If appellant No.1, 3 and 4 furnishes bail bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand Only) each along with one
solvent surety of the like amount each to the satisfaction of the trial Court
and that they shall appear before the Principal Registrar of this Court on
17-12-2025 and on all other subsequent dates as may be fixed by the
Office for their appearance, then appellants No.1, 3 and 4 shall be
released on bail and execution of jail sentence shall remain suspended till
disposal of this appeal, subject to deposit of fine amount, if not already
deposited.
7. It is made clear that appellant No.1, 3 and 4 shall not be a source of
embarrassment and harassment to the complainant side and he shall not
move in the vicinity of the complainant in any manner.
8. The present appellants shall not be source of embarrassment and
harassment to the complainant side in any manner and they shall not move
in their vicinity; otherwise, benefit of bail given today by way of
suspension of sentence shall be withdrawn immediately.
9. Present appellant No.1, 3 and 4 shall mark their presence
before concerned Police Station on first Sunday of every alternate
month between 10:30 am to 2:00 pm for the next two years.
10. I.A.No.19129/2025, I.A. No.19743/2025 and I.A. No.19610/2025
stand allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for
compliance from the office of this Court.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV )
JUDGE JUDGE
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CHATURVEDI
postalCode=474001, st=Madhya Pradesh,
serialNumber=652FE82BC5CAE8153A1E34C3B8E
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cn=VARSHA CHATURVEDI
Date: 2025.10.28 17:19:44 +05'30'
