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1 CRA-2060-2015

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

CRA No. 2060 of 2015

(VINOD TANWAR Vs THE STATE OF MADHYA PRADESH )

Dated : 28-01-2026

Shri Shreyash Pandit - Advocate for the appellant.

Shri Pramod Kumar Pandey - Public Prosecutor for the

respondent/State.

Heard on I.A.No.1859 of 2026, an application for amendment in the

record.

For the reasons mentioned in the application, the same is allowed.

Let necessary amendment be incorporated during the course of the

day.

Also, heard on I.A.No.27708 of 2025, which is the second application

under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail

to the appellant. His first application was allowed vide order dated

26.02.2016 but the bail order has been cancelled vide order dated 16.04.2018

due to non-appearance of the appellant before the Registry of this Court on

04.05.2018.

This appeal has been preferred against the judgment dated

06.07.2015 passed by Ist Additional Sessions Judge, Harda, District Harda

(M.P.) in Sessions Trial No.50/2013, whereby appellant has been convicted

and sentenced as under:

Conviction

Imprisonment Fine In lieu of default

U/s.

Additi. R.I. for

148 of IPC R.I. for 01 year Rs.200/-

02 months

Signature Not Verified

Signed by: SHALINI

LANDGE

Signing time: 30-01-2026

10:13:11

2 CRA-2060-2015

329 read with Sec.149 of Additi. R.I. for 01

Life Imprisonment Rs.500/-

IPC year

302 read with Sec.149 of Additi. R.I. for 01

Life Imprisonment Rs.500/-

IPC year

Additi. R.I. for 02

506 of IPC R.I. for 01 year Rs.200/-

months

All the sentences shall run concurrently.

Learned counsel for appellant submits that appellant is innocent and

has been falsely implicated in this case. It is further submitted that PW-5 -

Omprakash, the eye witness has not supported the prosecution case. The fatal

injury which resulted in death of deceased was caused by co-accused Kali

Soni and Babbu Topi. The prosecution has failed to prove the case beyond all

reasonable doubt. The appellant is in jail since 02.06.2018 and has already

undergone almost 08 years of incarceration. This appeal is of the year 2015

and there is no possibility of early hearing of the appeal in near future. He is

ready to furnish adequate surety and shall abide by the directions and

conditions, which may be imposed by this Court. Hence, it is prayed that the

application for suspension of sentence may be allowed.

On the other hand, learned counsel for the respondent/State has

opposed the application and supported the impugned judgment of conviction

and sentence passed by the trial court.

Considering the arguments advanced by learned counsel for the parties

as well as the period of incarceration already undergone by the appellant, we

are of the opinion that the application for suspension of sentence and grant of

bail to the appellant can be considered.

Accordingly, without commenting anything on the merits of the case,

I.A.No.27708 of 2025 is allowed.

Signature Not Verified

Signed by: SHALINI

LANDGE

Signing time: 30-01-2026

10:13:11

3 CRA-2060-2015

It is directed that subject to depositing the fine amount, if not already

deposited, the remaining jail sentence of the appellant is hereby suspended

and he be released on bail on furnishing a personal bond in the 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 Registry of this Court on 14.07.2026 and on such other dates, as

may be fixed by the Registry in this regard during pendency of this appeal.

List the matter for final hearing in due course.

(AJAY KUMAR NIRANKARI)

(VIVEK KUMAR SINGH) JUDGE

JUDGE

SSL

Signature Not Verified

Signed by: SHALINI

LANDGE

Signing time: 30-01-2026

10:13:11