Gokal vs The State Of Madhya Pradesh
2022 Latest Caselaw 6473 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 346 of 2019
                   (GOKAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 29-04-2022
       Mr.Shreyash Pandit, learned counsel for the appellants.

       Mr.S.K.Kashyap, learned Government Advocate for the respondent/State.

Ms.Savita Choudhary, learned counsel for the objector. I.A.No.5628/2020, which is first application for suspension of sentence on behalf of appellant No.3-Rajbhan Yadav is taken up.

Appellant No.3-Rajbhan Yadav is in custody in relation to his conviction

under section 302 r/w 149 & 147 of IPC and section 3(2)(5) of SC & ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo Life Imprisonment and R.I. for 6 months with fine of Rs.1000/- & Rs.500/- respectively with default stipulations.

Learned counsel for the appellant no.3 has taken us to the prosecution story and submits that appellant assaulted the deceased person by means of 'lathi'. Paragraph-7 of the impugned judgment shows that there were three incised wounds on the person of the deceased. The reason of death is not because of any injury caused by 'lathi'. Considering this aspect, this Court granted suspension of

sentence to appellant No.1-Gokal who also used 'lathi' to assault the deceased. Thus, on the ground of parity, same relief is claimed.

Prayer for suspension of sentence has been opposed by the learned Government Advocate and learned counsel for the objector.

Heard learned counsel for the parties.

Nothing has been pointed out to us to show that this appellant had used any other sharp edged weapon. The statements of PW.1 & PW.2 also reflect that appellant No.3 used 'lathi'.

Considering the arguments and principles of parity, we deem it proper to suspend the remaining jail sentence of the appellant No.3-Rajbhan Yadav.

It is ordered that appellant no.3 be released on bail on his furnishing a personal bond 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 trial Court on 17.10.2022 and also on such other dates as may be fixed by the Court in this regard during the pendency of this appeal.

I.A.No.5628/2020 is hereby allowed.

                                          (SUJOY PAUL)                                       (SMT. ANJULI PALO)
                                             JUDGE                                                  JUDGE

                                     RM




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Digitally signed by RAJESH MAMTANI
Date: 2022.04.29 19:12:01 IST