IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 7601/2021 (SACHIN @ SACCHU PRAJAPATI Vs THE STATE OF MADHYA PRADESH )

Dated: 24/02/2026 Shri Sushil Goswami - Advocate for appellant.

Shri Deependra Singh Kushwah - Additional Advocate General for respondent/State.

Heard on I.A.No.13624/2025, second repeat application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to sole appellant – Sachin @ Sacchu Prajapati.

2. The instant appeal has been preferred by the present appellant against the impugned judgment of conviction and sentence dated 30.10.2021 passed in ST No.41/2018 by Third Additional Sessions Judge, Vidisha, whereby present appellant has been convicted and sentenced as under:-

3. It is the submission of counsel for appellant that the trial Court erred in convicting and awarding jail sentence to present appellant. It is further submitted that prime accused is Neelesh, who assaulted deceased - Mukesh Jain. Appellant accompanied the assailant. It is a case of sudden provocation. Appellant already suffered around 8 years and 1 month of incarceration as pre and post trial confinement and hearing of appeal shall take some time. He has good case on merits.

4. Appellant voluntarily undertakes to perform community service to purge his misdeeds, if any and to serve National /Environmental/Social cause. With the aforesaid submissions, he prays that looking to the period of custody and role of appellant, his case be considered for suspension of sentence/grant of bail.

5. Learned counsels for the State opposed the application and prayed for its dismissal.

6. Heard the counsel for parties and perused the record.

7. Considering the submissions advanced and specially the fact that prime assailant is Neelesh and appellant accompanied him and he suffered 8 years and 1 month of incarceration as pre and post trial confinement as well as the fact that hearing of appeal shall take some time, this court, without expressing any opinion on merits of the case, intends to allow the application for suspension of sentence (I.A.No.13624/2025) but with certain stringent conditions so that present appellant may not be source of embarrassment and harassment to the complainant side and shall be engaged in creative pursuits.

8. If appellant – Sachin @ Sacchu Prajapati furnishes bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 29/06/2026 and thereafter, on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount.

9. It is made clear that this bail by way of suspension of sentence is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause, can be given bail without considering the merits.

10. The conditions regarding social service are narrated in Hindi/Vernacular language so that present appellant may understand it and would not have any problem to implement it.

11. ,rn~ }kjk ;g funZsf'kr fd;k tkrk gS fd vkons d 5 ikS/kksa dk ¼;FkklaHko dksbZ Hkh Qy nsus okys isM+ vFkok uhe@ihiy tSls isM+½ jksi.k djsxk rFkk mls vius vkl iM+ksl esa isM+ksa dh lqj{kk dh O;oLFkk djuh gksxh rkfd ikS/ks lqjf{kr jg ldsA vkons d dk ;g drZO; gS fd u dos y ikS/kksa dks yxk;k tk,s] cfYd mUgsa iks"k.k Hkh fn;k tk,A ^^o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA^^ vkosnd laHkor% 6&8 QhV ÅWaps ikS/ks@isM+ksa dks 3&4 QhV xM~k djds yxk;sxk rkfd os 'kh?kz gh iw.kZ fodflr gks ldsaA vuqikyu lqfuf'pr djus ds fy,] vkons d dks fjgk fd;s tkus dh fnukad ls 30 fnuksa ds Hkhrj lacaf/kr fopkj.k U;k;ky; ds le{k o`{kksa@ikS/kksa ds jks