[Cites 3, Cited by 0]
Madhya Pradesh High Court
Gopu @ Ramgopal Yadav vs The State Of Madhya Pradesh on 10 March, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5575-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5575 of 2021
(GOPU @ RAMGOPAL YADAV Vs THE STATE OF MADHYA PRADESH )
Dated : 10-03-2026
Shri Mukesh Chandravanshi, learned counsel for the appellant.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.4382/2026, which is the fifth application under
Section 389(1) of Cr.P.C./Section 430(1) of the Bhartiya Nagrik Suraksha
Sanhita, 2023, for suspension of sentence and grant of bail to appellant-Gopu
alias Ramgopal Yadav, S/o Leelaram Yadav.
The appellant is aggrieved of the judgment dated 14/09/2021 passed
by the learned Special Judge, SC/ST (Prevention of Atrocities) act,
Jabalpur in SC ATR Case No.39/2015 whereby the learned trial Court has
convicted and sentenced the appellant as under :-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
R.I. for 10
450 IPC Rs.5,000/- R.I. for 06 months
years
Life
302 I.P.C. Rs.10,000/- R.I. for 01 year
Imprisonment
It is pointed out by learned counsel for the appellant that Dr.P.N. Dixit
(PW-7) who had carried out post-mortem on the body of deceased-Sonelal
Choudhary, admitted in para-6 that he had only received one Lathi and one
2 CRA-5575-2021
Farsa for query reporting. FSL report is Ex.P/24 in which Lathi which was
recovered from co-accused-Rakku alias Rakesh contains human blood. As
far as opinion of the doctor i.e. Dr.P.N. Dixit (PW-7) is concerned, in para-
17 of his cross-examination, this witness admitted that the injury which was
sustained by Sonelal, was caused by hard and blunt object.
Other than this, Dr.P.N. Dixit (PW-7) stated in his post-mortem report
that there were abrasions on right side of the back and left side of the face.
There were contusions on the left side of the chest and stomach. There was
a lacerated wound on the back of the right eye which was 1.5 inch long and
02 cm broad bone deep. There was a check shirt which was torn.
According to his opinion, Sonelal died because of head injury sustained by
him when he was alive. Thus, it is evident that there is a single head injury
mentioned in the post-mortem report. This single head injury is attributed to
co-accused-Rakku alias Rakesh as per Ex.P/24 inasmuch as human blood
was found on that Lathi recovered from co-accused Rakku alias Rakesh i.e.
Article 'G'. It is a case of over implication. It is also submitted that the
Lathi which was recovered from the appellant, was not sent for query
reporting. The appellant is already in custody for last 12 years. There are
good chances of success in appeal. Hence, prayer is made to suspend the
remaining jail sentence of the appellant and to release him on bail.
Shri Manas Mani Verma, learned Public Prosecutor for the State, in
his turn, opposes the prayer for suspension of sentence and grant of bail.
Considering the aforesaid facts and circumstances of the case so also
3 CRA-5575-2021
looking to 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 the
appellant and to release him on bail.
Accordingly, I.A.No.4382/2026 is allowed and disposed of.
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
11.05.2026 and on such other dates as may be fixed by the trial Court, the
execution of remaining part of the jail sentence imposed upon appellant shall
remain suspended and he shall be released on bail till final disposal of this
appeal.
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) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
ts
