Lachhu @ Laxman vs The State Of Madhya Pradesh
2022 Latest Caselaw 16507 MP

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                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   CRA No. 813 of 2022
                                  (LACHHU @ LAXMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      Dated : 13-12-2022
                            Shri P.S. Tomar - Advocate for appellant No.1.- Lachhu @ Laxman.

                            Shri S.K. Kashyap- Government Advocate for respondent-State.

Shri R.N. Shah - Advocate for objector.

I.A. No.20045/2022, application for suspension of sentence and grant of bail to the appellant- [email protected] Laxman aris ing out of judgment dated

30.12.2021 delivered in S.C. No. 100045/2013 by III Additional Sessions Judge, Itarsi, District Hoshangabad is taken up.

T h e appellant has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo RI for life and fine of Rs.2000/- with default stipulations.

Learned counsel for this appellant by taking this Court to the prosecution story submits that role allegedly played by this appellant is similar to that of appellant / co-accused Jokhar @ Raju who is enlarged on bail in CRA No.813 of 2022 on 22.09.2022. Considering the similarity of role allegedly played by

this appellant and by applying principles of parity, the remaining jail sentence of this appellant may be suspended.

Learned Government Advocate and learned counsel for the objector opposed the prayer on the basis of objection. However, on a specific query by the Bench learned counsel for the respondent-State and objector did not dispute that the role allegedly played by this appellant is similar to [email protected] Raju Signature SAN Not Verified who has received the benefit of suspension of sentence. Digitally signed by DEVESH K SHRIVASTAVA Considering the aforesaid, we deem it proper to apply principles of parity Date: 2022.12.14 10:52:31 IST

and grant him similar benefit. Accordingly, I.A. No.20045 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant- Lachhu @ Laxman is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a sum 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 Hoshangabad on 20.12.2022 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

Certified copy as per rules.

  (SUJOY PAUL)                                 (PRAKASH CHANDRA GUPTA)
     JUDGE                                              JUDGE

DevS