SITARAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.9788/2024, which is the third application under Sec. 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 Earlier applications for suspension of sentence and grant of bail filed on behalf of appellant have been dismissed as withdrawn vide orders dtd. 24/11/2021 and 13/04/2022.

(2.) The appellant has filed this Criminal Appeal being aggrieved with the judgment of conviction and sentence dtd. 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 Sec. 302/149, 324/149, 323/149, 148 of IPC and sentenced to undergo R.I. for life with fine of Rs.2,000.00 (Two thousand), R.I. for 2 years with fine of Rs.1,000.00 (One thousand), R.I. for 6 months with fine of Rs.500.00 (Five hundred) and R.I. for 1 year with fine of Rs.500.00 (Five hundred) respectively with default stipulations. Prosecution story found to be proved is that on the fateful day i.e. 26/3/2013, appellant armed with lathi along with other co-convicted persons, assaulted deceased and his relatives.

(3.) 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 and 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 dtd. 11/03/2024, 24/11/2021, 28/11/2023, 03/04/2024 and 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.