Bhursingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4182 MP

                                                                                 1
                                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT INDORE
                                                                          CRA No. 6336 of 2020
                                                            (BHURSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 25-03-2022
                                                  Shri Anurag Vyas, learned counsel for the appellant No.1-Bhursingh.

                                                  Shri Amit Singh Sisodia, learned G.A. for respondent-State.

Heard on I.A. No.23537/2021 which is the first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence on behalf of the appellant No.-Bhursingh.

The present appellant has been convicted by Additional Sessions Judge

Dharampuri, District Dhar vide judgment dated 14.10.2020 for the offence under Sections 394 and 395 of the IPC and sentenced to undergo life imprisonment with fine amount of Rs.2000/- on each count.

Learned counsel for the appellant submits that identically placed accused persons namely appellant no.2-Nursingh and other appellants namely Wasim, Mehar Singh, Udiya and Muhaliya in other connected appeals have already been granted benefit of suspension of sentence and he is claiming suspension of sentence on the basis of parity.

Prayer is opposed by learned Government Advocate. However, he did not

dispute that this appellant is similarly situated qua aforesaid persons who got bail in connected matters.

Considering the principle of parity, we deem it proper to suspend the remaining jail sentence of appellant No.1-Bhursingh.

Accordingly, it is directed that if the appellant No.1-Bhursingh furnishes a surety in the sum of Rs.50,000/- (Rs. Fifty Thousand only) and executes personal bond in the like amount to the satisfaction of the concerned trial Court, he shall be enlarged on bail and the execution of the sentence of imprisonment passed against him shall remain suspended. The appellant shall appear before the Registry of this Court on 11.5.2022 and on such other dates as may be fixed by the Registry in this regard during pendency of this appeal.

Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL I.A. No.23537/2021 is accordingly allowed and disposed of. Date: 2022.03.25 17:05:20 IST

C.c. as per rules.

                                              (VIJAY KUMAR SHUKLA)       (ANIL VERMA)
                                                      JUDGE                 JUDGE

                                             MK




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  MUKTA
                       CHANDRASHEKHA
                       R KOUSHAL
                       Date: 2022.03.25
                       17:05:20 IST