[Cites 2, Cited by 0]
Madhya Pradesh High Court
Devendra Purabiya vs The State Of Madhya Pradesh on 16 January, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-1020-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1020 of 2025
(DEVENDRA PURABIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 16-01-2026
Shri Ajay Kumar Jain - Advocate for the appellant No.6 Shubham Purabiya
and appellant No.7 Gulab Singh Purabiya.
Shri Arvind kumar Singh - Public Prosecutor for the State.
Shri Krishna Kumar Pandey - Advocate for the objector.
Heard on I.A. No.29580/2025, which is first application for suspension of
sentence and grant of bail to appellant No.6 Shubham Purabiya and appellant No.7
Gulab Singh Purabiya.
The appellant No.6 Shubham Purabiya and appellant No.7 Gulab Singh
Purabiya are aggrieved of the judgment dated 30.12.2024, passed by the learned
2nd Additional Sessions Judge, Sohagpur, District Narmadapuram (M.P.), in ST
No.14/2021, whereby appellants No.6 and 7 have been convicted and sentenced as
under:-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
143 I.P.C. R.I. for 1 month Rs.100/- R.I for 7 days.
148 I.P.C. R.I. for 1 year Rs.1,000/- R.I. for 1 month.
302/149 I.P.C. R.I. for Life Rs.7,000/- R.I. for 6 months.
323/149 (Four counts
for causing injury to
R.I. for 6 Rs.500/- R.I. for 15 days
Abhishek Thakur,
I.P.C. months (in each (in each (in each count)
Abhilash Thakur,
count) count)
Ankit Thakur &
Aditya Thakur)
2 CRA-1020-2025
Learned counsel for the appellants submits that the Shubham Purabiya and
Gulab Singh Purabiya are innocent. It is submitted that there are general and
omnibus allegations against Shubham Purabiya and Gulab Singh Purabiya,
alleging that they assaulted Aditya, who sustained minor injuries. It is pointed out
that vide order dated 02.12.2025 co-accused persons were granted bail, noting a
fact that main accused persons are Devendra Purabiya and Pradeep Kumar
Purabiya and case of the present appellants Shubham Purabiya and Gulab Singh
Purabiya is on similar footing. There are good chances of success in the appeal.
Hence prayer is made to suspend the remaining jail sentence of the appellant No.6
Shubham Purabiya and appellant No.7 Gulab Singh Purabiya and to release them
on bail on the ground of parity.
Learned Public Prosecutor for the State and counsel for the objector oppose
the prayer made by learned counsel for the appellants No.6 and 7.
After hearing learned counsel for the parties and going through the record
so also the fact that the appeal is going to take time for its disposal, 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 appellant No.6 Shubham
Purabiya and appellant No.7 Gulab Singh Purabiya and to release them on bail on
the ground of parity. I.A.No.29580/2025 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) each with two solvent sureties each in the like amount to the
satisfaction of the trial court for their appearance before the trial court on
02.04.2026 and such other dates as may be fixed by the trial court, the execution of
3 CRA-1020-2025
remaining part of the jail sentence imposed upon appellant No.6 Shubham
Purabiya and appellant No.7 Gulab Singh Purabiya shall remain suspended and
they shall be released on bail till final disposal of this appeal.
I.A.No.29580/2025 is allowed & disposed of.
List the case for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
MTK
