Shankar Chaudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 3435 MP

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                                               The High Court Of Madhya Pradesh
                                                        CRA No. 7800 of 2021
                                                       (SHANKAR CHAUDHARY Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 10-03-2022
                                           Shri Suyash Tripathi, learned counsel for the appellant.

                                           Shri Aditya Gupta, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.22592/2021, an application under Section 5 of the Limitation Act for condonation of delay.

There is a delay of 796 days in filing the criminal appeal. On due consideration, the same is allowed.

Also heard on admission.

The appeal seems to be arguable, hence admitted for final hearing. Also heard on IA No.22591/2021 for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 457 and 394/34 of IPC and sentenced to three years' R.I. and fine of Rs.500/- under each section, with default stipulations in S.T.No.4/2015 by Sessions Judge, Umaria vide judgment dated 08.8.2019.

Learned counsel for the appellant submits that co-accused Lachua

Chaudhary has been enlarged on bail by this Court in Cr.A. No.7531/2019 vide order dated 25.11.2021. It is stated that the case of the present appellant is similar to the case of co-accused, who has already been granted bail. It is prayed that the present appellant may also be enlarged on bail on the ground of parity.

Considering that the appellant is sentenced for a period of three years' in a matter of theft of articles amounting to Rs.15,500/- only and co-accused Lachua Chaudhary has been enlarged on bail by this Court in Cr.A. No.7531/2019 vide order dated 25.11.2021, IA No. 22591/2021 is allowed on the ground of parity.

Remaining jail sentence of the appellant is hereby suspended subject to depositing the fine amount and furnishing a personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand Only) with one surety in the like amount to the Signature Not Verified SAN satisfaction of the trial Court concerned, with a further direction to appear before Digitally signed by ASHISH KOSHTA Date: 2022.03.10 16:55:30 IST the Registry of this Court firstly on 22nd July, 2022, and also on such other dates

as may be fixed by the Registry in this regard during pendency of this appeal.

List the appeal for final hearing in due course. Certified copy as per rules.

(NANDITA DUBEY) JUDGE

ak

Signature Not Verified SAN

Digitally signed by ASHISH KOSHTA Date: 2022.03.10 16:55:30 IST