Madhya Pradesh High Court
Amarjeet Yadav @ Bhole vs The State Of Madhya Pradesh on 22 September, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7221-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7221 of 2024
(AMARJEET YADAV @ BHOLE AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-09-2025
Shri Vikesh Pratap Singh - Advocate for the appellants.
Shri Ajay Tamrakar - Public Prosecutor for the respondent-State.
Heard on I.A. No.9703/2025, which is first application under Section
430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail to appellant No.6 Shankar Sharan Yadav @
Lavkush S/o Shri Vanshroop Yadav.
The appellant No.6 is aggrieved of the judgment dated 27.05.2024
passed by the learned Third Additional Sessions Judge, Deosar, District
Singrauli (M.P.) in S.T. No.48/2020, whereby the appellant No.6 Shankar
Sharan Yadav stands convicted and sentenced as under:-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
148 I.P.C. R.I. for 1 year Rs.1,000/- R.I. for 2 months
Rs.500-500/-
323/149 (7 R.I. for 6-6 months
I.P.C. (Total R.I. for 1-1 month
counts) (7 counts)
Rs.3,500/-)
Rs.5000-
302/149 (2 R.I. for life (2 R.I. for 6-6
I.P.C. 5000/- (Total
counts) counts) months
Rs.10,000/-)
It is submitted by Shri Vikesh Pratap Singh, learned counsel for the
appellants that appellant No.6 Shankar Sharan Yadav @ Lavkush S/o Shri
Vanshroop Yadav is not named in the FIR. He has been falsely implicated
later on with a view to take revenge from the whole family. It is a case of
2 CRA-7221-2024
over implication. Thus, it is submitted that there are good chances of success
in this appeal. Hence, prayer is made to suspend the remaining jail sentence
of the appellant No.6 and to release him on bail.
Shri Ajay Tamrakar, learned Public Prosecutor for the respondent-
State, in his turn, opposes the prayer for suspension of sentence and grant of
bail. He submits that few days back, bail of Vanshroop Yadav S/o Ramdulare
Yadav has been rejected.
After hearing learned counsel for the parties and going through the
record, there is a distinction because name of Vanshroop Yadav is mentioned
in the FIR, whereas name of appellant No.6 Shankar Sharan Yadav @
Lavkush is not mentioned in the FIR though prosecution witnesses admit that
all the accused persons are their close relatives and are known to them.
Hence, without commenting on the merits of the case, we are of the
considered opinion that this is a fit case to suspend the remaining jail
sentence of the appellant No.6 and to release him on bail. I.A.No.9703/2025
is accordingly 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 each in the like
amount to the satisfaction of the Trial Court for his appearance before the
Trial Court on 18.12.2025 and on such other dates as may be fixed by the
Trial Court, which shall not be more than two times in a year, the execution
of remaining part of the jail sentence imposed upon appellant No.6 Shankar
Sharan Yadav @ Lavkush shall remain suspended and he shall be released
3 CRA-7221-2024
on bail till final disposal of this appeal.
I.A.No.9703/2025 is allowed & disposed of.
List the case for final hearing in Part-B of the cause list as per its turn
and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
