Sitaram Yadav vs State Of Madhya Pradesh

Heard on I.A.No.9788/2024, which is the third application under Section 389(1) of Cr.P.C. filed on behalf of sole appellant Sitaram Yadav for suspension of remaining jail sentence and grant of bail.

Earlier applications for suspension of sentence and grant of bail filed on behalf of appellant have been dismissed as withdrawn vide orders dated 24/11/2021 and 13/04/2022.

The appellant has filed this Criminal Appeal being aggrieved with the judgment of conviction and sentence dated 21.12.2020 passed by Special Judge, SC/ST (Prevention of Atrocities), Act, Chhatarpur, District Chhatarpur (M.P.) in S.T. No.255/2013, whereby appellant has been convicted under Section 302/149, 324/149, 323/149, 148 of IPC and sentenced to undergo R.I. for life with fine of Rs.2,000/- (Two thousand), R.I. for 2 years with fine of Rs.1,000/- (One thousand), R.I. for 6 months with fine of Rs.500/- (Five hundred) and R.I. for 1 year with fine of Rs.500/- (Five hundred) respectively with default stipulations.

Prosecution story found to be proved is that on the fateful day i.e. 26.03.2013, appellant armed with lathi along with other co-convicted persons, assaulted deceased and his relatives.

Learned counsel for the appellant submits that sentence of similarly p la c e d co-convicted  persons            namely            Bitwa   Yadav  (appellant         in Cr.A.No.651/2021), Bade @ Bailbade, Asharam Yadav & Natthu Yadav (Appellants in Cr.A.No.255/2021), who were also armed with lathi and Shivram Yadav (appellant in Cr.A.No.651/2021), who was armed with Saang and were part of unlawful assembly, their remaining jail sentence h a s already been suspended by this Court vide orders dated 11/03/2024, 24/11/2021, 28/11/2023, 03/04/2024 & 11/03/2024 respectively and they have been released on bail. Claiming parity with the co-convicted persons, whose remaining jail sentence has been suspended, learned counsel for the appellant prays for suspension of sentence and grant of bail. Learned counsel further submits that the during trial, appellant remained in custody since 05/04/2013 to 13/09/2013 and is in custody since the date of judgment i.e. 21/12/2020. During trial he was on bail and he did not misuse the liberty granted to him. This Appeal is of the year 2021 and is not likely to come up for final hearing in near future. Under these circumstances learned counsel prays for suspension of remaining jail sentence of the appellant and released him on bail.

Per contra, learned counsel for the respondent-State submitted that the trial Court has passed the impugned judgment after due appreciation of evidence that came on record and has rightly held the appellant guilty for the aforesaid offences. Hence, prays for dismissal of the application.

Considering the overall facts and circumstances of the case and the contention of learned counsel for the appellant that the sentence of co-convicted persons namely Bitwa Yadav, Shivram Yadav, Bade @ Bailbade, Asharam Yadav and Natthu Yadav has already been suspended by this Court and also the fact that the appellant is in custody since the date of judgment i.e. 21/12/2020 and during trial he remained in custody for about five months and final hearing of this appeal is not possible in near future, without expressing any aopinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A.No.9788/2024 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Sitaram Yadav is hereby suspended and it is directed that appellant be released on bail on his furnishing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Chhatarpur on 02/07/2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.