Surendra Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 9689 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                               CRA No. 4285 of 2017
                                     (SURENDRA PATEL Vs THE STATE OF MADHYA PRADESH)

                Dated : 14-07-2022
                          Shri U.N. Pandey, learned counsel for appellant- Surendra Patel.

                          Shri A.S. Baghel, Deputy Government Advocate for respondent/ State.

Heard on I.A. No. 5711/2022 application for suspension of sentence and grant of bail is taken up.

The appellant has been convicted and sentenced under Section 302/34 of IPC to undergo RI for Life and fine of Rs.5000/- with default stipulation and

under Section 364/34 of IPC to undergo RI for ten years and fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant by taking this court to the prosecution story and findings in the impugned judgment mentioned in Para-47 submits that allegation against the present appellant is identical to that of Pradeep, who in the connected matter, i.e. Cr.A. No.3842/2017 has got benefit of suspension of remaining jail sentence, vide order dated 16.11.2018. The present appellant is similarly situated and deserves benefit of principles of parity.

The prayer is opposed by learned counsel for the State. However,

learned Government Advocate has not shown anything which distinguishes the case of the present appellant than that of Pradeep, (supra).

We have heard the learned counsel for the parties at length, perused the objection and record.

Considering the aforesaid by applying the principles of parity without Signature Notexpressing Verified any conclusive opinion on merits of the case, we deem it proper to Signed by: BASANT KUMAR SHRIVAS suspend the remaining jail sentence of the appellant. Signing time: 7/15/2022 10:26:48 AM

Accordingly, I.A. No. 5711/2022 is allowed. Execution of jail sentence of appellant- Surendra Patel is hereby suspended and it is ordered that he be released on bail on her furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty 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, Panna, district Panna on 19.12.2022 and such further dates as may be fixed by the aforesaid trial court in this regard till disposal of this appeal.

Certified copy as per rules.

                     (SUJOY PAUL)                               (PRAKASH CHANDRA GUPTA)
                        JUDGE                                            JUDGE

               bks




Signature Not Verified
Signed by: BASANT
KUMAR SHRIVAS
Signing time: 7/15/2022
10:26:48 AM