Parvatlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 4183 MP

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                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                         CRA No. 6035 of 2020
                                                                  (PARVATLAL Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 25-03-2022
                                                  Shri Pourush Ranka, learned counsel for the appellant.

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

Heard on I.A.No. 2514/2022 which is second application under section 389(1) Cr.P.C. for suspension of sentence filed on behalf of appellant Parvatlal.

The first application for temporary suspension of sentence was allowed by this court vide order dated 10.2.2021.

The appellant has been convicted under section 8/15(C) of NDPS Act and sentenced to undergo 12 years RI with fine of Rs.1,00,000/- with default stipulation vide judgment dated 8.09.2020 passed by Special Judge, NDPS Act, Manasa, District Neemuch in Special Sessions Case No. 03/2015.

Counsel for the appellant submits that case of the present appellant is identical to the case of appellants Antim and Ashish in Criminal Appeal Nos.4983/2020 and 5514/2020 whose sentence have already been suspended

by this Court vide order dated 29.10.2021 and 6.12.2021 respectively. Learned counsel further submits that appellant remained in custody for more than six years and his case being similar to the case of appellants Antim and Ashish Patidar, he may also be given benefit of suspension of sentence by applying the principles of parity. It is further submitted that final hearing of the appeal is not possible in near future.

Prayer is opposed by learned Govt. Advocate for respondent-State by submitting that merely because the appellant has undergone sentence of six years, he cannot be given benefit of suspension of sentence.

However, this Court while granting suspension of sentence to appellant Antim has taken into consideration the contradictions and illegality in the Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.03.25 17:05:17 IST statement of star witnesses in respect of two Roznamcha entries Ex.P/40 and P/42 dated 8.8.2015. The Court has further granted benefit of suspension of

sentence to appellant Ashish on the basis of period of custody by taking into account the order of apex Court in SLP(cr) No.861/2018 dated 19.2.2018 (Mayuresh Nandkumar Purohit Vs. Kaushik Manna and others).

Considering the aforesaid, we deem it proper to suspend the remaining

jail sentenced of appellant on the ground of parity. Accordingly, I.A.No.2514/2022 is allowed.

It is directed that if the appellant furnishes personal bond of Rs.2,00,000/- (Rs. Two Lacs only) with one solvent surety 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 trial court on 11.5.2022 and on such other dates as may be fixed by the trial court in this regard during pendency of this appeal.

I.A. No.2514/2022 stands disposed of.

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
                       17:05:17 IST