Naresh More vs The State Of Madhya Pradesh
2022 Latest Caselaw 15991 MP

                                                                                                                  CRA No.3592/2021
                                                                       1

                                         In the High Court of Madhya Pradesh
                                                      At Indore
                                       Criminal Appeal No.3592/2021
                           Indore, Dated 02.12.2022
                                 Shri Deepraj Singh, learned counsel for appellant No.2
                           Saraswati D/o Shankarlal More.
                                 Shri Nitin Singh Bhati, learned Government Advocate for the
                           respondent / State of Madhya Pradesh.

Heard on IA No.15321/2022, First application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.2 Saraswati More D/o Shankarlal More.

The present appellant has been convicted and sentenced by learned 27th Additional Sessions Judge, Indore, District Indore (MP) in Sessions Trial No.1244/2012 vide judgment dated 19th March, 2021, as under: -

                                     Conviction                                   Sentence
                                  Section         Act          RI           Fine amount      Imprisonment in lieu of fine
                                   302            IPC   Life Imprisonment   Rs.1,000/-               1 years RI
                                   324            IPC        3 years        Rs.1,000/-              6 months RI

Counsel for the appellant has submitted that appellant No.1 Naresh S/o Shankarlal More, who happens to be the brother of the present appellant, has already been released on bail, as his sentence has been suspended vide order dated 18.10.2022 in IA No.8879/2022, on the ground that he has completed around ten years' of incarceration.

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 03-12-2022 10:55:01 CRA No.3592/2021

Counsel has submitted that so far as the present appellant is concerned, she has also completed almost ten years' of incarceration, as she was arrested / in custody since 13.06.2012; and the final disposal of the appeal still likely to take sufficiently long time.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the record as well as the documents filed on record as also the order passed by this Court in case of co-appellant Naresh and considering the period already spent by the present appellant in jail (as he / she is in jail since 13.06.2012) and the final disposal of the appeal is likely to take sufficiently long time, we are of the considered opinion that the appellant has made out a case of parity.

Accordingly, maintaining parity, without expressing any opinion on merits of the case, IA No.15321/2022 is allowed and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 21.12.2022 and on

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 03-12-2022 10:55:01 CRA No.3592/2021

all such subsequent dates, as may be fixed by the Registry in this regard.

C. c. as per rules.

                                  (Subodh Abhyankar)               (Satyendra Kumar Singh)
                                       Judge                                Judge
                           rcp




Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 03-12-2022
10:55:01