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Madhya Pradesh High Court
Jaidev vs The State Of Madhya Pradesh on 14 January, 2026
1 CRA-13780-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13780 of 2024
(JAIDEV AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-01-2026
Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -
Advocate for appellants.
Shri Mayur Gulati - Panel Lawyer for respondent/State.
Shri Aman Chourasia - Advocate for objector.
Heard on admission.
Appeal being arguable is admitted for final hearing.
Also heard on I.A. No.2558/2025, which is first application under
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ 389(1) of the
Code of Criminal Procedure for suspension of sentence and grant of bail to
the present appellants.
However, after arguing at length, learned counsel for the appellants
submits that he does not want to press the aforesaid application in respect of
appellant Nos.2 to 4, namely, Rewaram, Akash and Chandan respectively.
He may be permitted to withdraw the application in respect of these three
appellants with liberty to revive the prayer after a period of six months.
Prayer is allowed.
Accordingly, I.A. No.2558/2025 is dismissed as withdrawn in respect
of appellant Nos.2 to 4, namely, Rewaram, Akash and Chandan respectively
with the aforesaid liberty.
So far as appellant No.1/Jaidev concerned, I.A. No.2558/2025 is being
2 CRA-13780-2024
considered in his respect only.
This Criminal Appeal assails the judgment dated 29.11.2024 passed by
the learned Second Additional Sessions Judge, Rehli, District Sagar (M.P.),
in ST No.9/2020, whereby present appellant/Jaidev along with other co-
accused persons has been convicted for the offence punishable under Section
307/34 of IPC (two counts) and sentenced to undergo seven years RI and
fine of Rs.1,000/- on each count, with default stipulations.
It is submitted by learned counsel appearing on behalf of present
appellants that as per the custody report dated 12.11.2025, Central Jail,
Sagar, the present appellant/Jaidev has suffered 3 years, 2 months and 25
days, which is almost 3 years and 3 months. Thereafter, 2 months more have
already been elapsed, therefore, the actual sentence suffered by the present
appellant is 3 years and 5 months. As such, he has suffered almost half of the
sentence awarded by the learned trial Court. It is also submitted that there is
cross case and in cross case, the complainants/injured in this case namely,
Mukesh and Yashwant have been convicted under Section 323 r/w 34 of
IPC. It is a case of free fight. There are material contradictions, omissions,
and variations in the testimonies of the prosecution witnesses as well as
inherent infirmities in the prosecution case, which renders the prosecution
story doubtful. It is further submitted that present appellant has a good case
on merit. He has no criminal antecedents. The final disposal of this appeal
will take considerable time. The appellant is ready to comply with the
conditions as may be imposed by the Court. Therefore, it is prayed that the
remaining jail sentence of appellant/Jaidev may be suspended and he may be
3 CRA-13780-2024
released on bail.
Per contra, learned counsel for the objector as well as for State has
vehemently opposed the prayer made by learned counsel for the appellants
and prayed for rejection of application.
Having heard the rival contentions of learned counsel for the parties,
after perusal of record and keeping in view the attending facts and
circumstances of case, but without expressing any opinion on the merits of
the case, I.A. No.2558/2025 is partly allowed. It is directed that subject to
depositing the entire fine amount, if not already deposited, and on furnishing
a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent
surety in the like amount to the satisfaction of the concerned trial Court, the
remaining jail sentence of appellant/Jaidev shall remain suspended and he be
released on bail. He is further directed to mark his appearance before the
concerned trial Court on 20.04.2026 and on subsequent dates as may be fixed
by the trial Court in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
ac/-
