Laxminarayan And 2 Ors. vs The State Of Madhya Pradesh
2021 Latest Caselaw 2928 MP

                                                                                 1                              CRA-1062-2011
                                                      The High Court Of Madhya Pradesh
                                                                 CRA-1062-2011

(LAXMINARAYAN AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 02-07-2021 Heard through Video Conferencing.

Shri Manish Kumar Vijayvargiya, learned counsel for appellant No.1 (Laxminarayan S/o. Dule Singh).

Smt. Mamta Shandilya, Public Prosecutor for State. Heard on I.A.No.13051/2021, an application for suspension of jail

sentence of appellant No.1 (Laxminarayan) who has been convicted by XII, ASJ, Indore in S.T.No.152/2010, vide judgment dt.4.8.2011, for commission of offence punishable under Section 302 of IPC, sentenced to undergo life imprisonment with fine of Rs.5000/- and under Section 25(1-B) of the Arms Act has been sentenced to undergo one year RI with fine of Rs.500/-, with default stipulation on each count.

Learned counsel for the appellant submits that although his application for suspension of jail sentence was dismissed on merit on 1.3.2018, the Apex Court recently granted the benefit of suspension of jail sentence to similarly

situated co-accused namely Kailash on 29.1.2021 vide SLP (Cri) No.5705 of 2020. The singular reason for grant of benefit of suspension of jail sentence to co-accused Kailash was that the appellant remained in custody for more than 11 years and the appeal is still pending in consideration and could not be heard.

It is submitted that during this video conferencing system and Covid 19 period, there is no likelihood for final hearing of this matter in near future. Hence by applying the principles of parity with co-accused Kailash (supra), the remaining jail sentence of the appellant No.1 (Laxminarayan) be suspended.

Per contra, learned Public Prosecutor for the State has opposed the Signature Not VerifiedDigitally signed by SAN SHAILESH prayer, but did not dispute that Kailash is co-accused in these batch of MAHADEV SUKHDEVE Date: 2021.07.02 17:23:49 IST 2 CRA-1062-2011 matters.

Considering the aforesaid, we deem it proper to apply the principle of parity. Without expressing any opinion on merits of the case, I.A.No.13051/2021 is allowed and it is ordered that the jail sentence of appellant No.1 shall remain suspended till the final disposal of this appeal upon his furnishing a personal bond to the tune of Rs.50,000/- with one

solvent surety in the like amount to the satisfaction of the concerned trial Court, for his regular appearance before the Registry of this Court on 22.12.2021 and all other subsequent dates as may be fixed in this behalf by the Office.

List for final hearing in due course.

C.c. as per rules.

                                                (SUJOY PAUL)                                      (SHAILENDRA SHUKLA)
                                                   JUDGE                                                    JUDGE


                                             SS/-




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.07.02
                       17:23:49 IST