Pawan Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3002 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                           Cr.A. No.647/2016
                (Pawan Kumar and another Vs. State of M.P.)
                                                                                  -1-
Indore, dated 06/07/2021
       Heard through Video Conferencing.

       Ms. Sakshi Mishra, learned counsel for the appellant No1.-
Pawan Kumar.

       Shri Ranjeet Sen, learned Government Advocate for the
respondent / State.

Heard on I.A. No.15086/2021 for suspension of sentence.

The appellant suffered conviction and sentence as under:-

        Conviction                                Sentence

  Appellant's      Section Act    Imprisonment Fine      If Imprisonment in
  name                                         deposited    lieu of fine

  Pawan Kumar 302           IPC   R.I. for life   Rs.10,000/-   2 years'   additional
                                                                R.I.
                   307/34   IPC   10 years R.I.   Rs.5000/-     2 years'   additional
                                                                R.I.

Learned counsel for appellant submits that the appellant is convicted by taking aid of Section 34 of IPC. One co-accused namely Yogesh Kumar got benefit of suspension of sentence by this Court on 10.08.2017. This appellant is also entitled for similar benefit of suspension of sentence on the ground of parity.

The appeal is already admitted. There is high probability of appellant's success in the present appeal. However, because of huge pendency and slow speed of disposal and pandemic related problems, there is no likelihood of final hearing of this matter in near future. The appellant enjoyed the benefit of parole and did not misuse the liberty granted to him during that period. She prays that in the light of the judgments delivered by the Hon'ble Supreme HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.647/2016 (Pawan Kumar and another Vs. State of M.P.)

Court in the cases of Sunil Kumar Vs. Vipin Kumar, (2014) 8 SCC 868; Pinku and others Vs. State of Uttar Pradesh, 2020 (15) SCC 551 and Ramu and another Vs. Sstate of Uttar Pradesh, 2020 (15) SCC 555, the remaining jail sentence of the appellant may be suspended.

Prayer is opposed by Shri Ranjeet Sen, learned Government Advocate. He submits that the role played by Yogesh Kumar and present appellant was different. The appellant - Pawan has used sledge hammer (?ku) to assault deceased - Santosh. The injuries arising out of use of said weapon were found on the person of the deceased and the court below in paragraph No.11 of the impugned judgment has considered the aforesaid aspect.

In our opinion, prima facie, role played by present appellant- Pawan is not similar to Yogesh Kumar, who got the benefit of suspension of sentence. Hence, judgments cited by learned counsel for appellant are of no assistance at this stage.

Considering the serious nature of role played by present appellant, no case of parity is made out. Merely because the appeal is pending and it is not likely to be heard in near future, as a strait jacket formula in very case, sentence cannot be suspended.

We find no reason to suspend the remaining jail sentence, at this stage, I.A. No.15086/2021 stands dismissed.

                      (Sujoy Paul)                                    (Anil Verma)
                         Judge                                          Judge
      N.R.

Digitally signed by
NARENDRA
KUMAR RAIPURIA
Date: 2021.07.07
19:20:48 +05'30'