Dilip Loni vs The State Of Madhya Pradesh
2022 Latest Caselaw 15599 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 5650 of 2018
                                            (DILIP LONI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 25-11-2022
                                    Shri A.P. Singh, Advocate for the appellant.

                                    Shri Arvind Singh, G.A. for respondent -State.

Heard on I.A. No.12099/2022 application for suspension of sentence and grant of bail to appellant No.2-Shivpal Loni arising out of judgment dated 07.07.2018 delivered in S.T. No.210/2015 by 2nd Additional Sessions Judge, Siodhi, District-Sidhi is taken up.

The appellant No. 2 has been convicted for the offence punishable under Section 148 of IPC and sentenced to undergo R.I. for 1 year, Section 302/149 of IPC and sentenced to undergo R.I. for life with a fine of Rs.500/- with default stipulation, under Section 323/149 of IPC and sentenced to undergo R.I. for six months and Section 324/149 of IPC and sentenced to undergo R.I. for 1 year.

Learned counsel for the appellant by taking this Court to the prosecution story submits that role allegedly played by the present appellant is similar to role played by appellant No. 3-Ram Singh Loni, appellant No.4-Sunil Loni and

appellant No. 5-Ratan @ Buddhsen Loni. This Court was kind enough in suspending the jail sentence of appellant Nos. 3, 4 & 5 by order dated 17.09.2018. By applying the principles of parity, the appellant No. 2 may be given similar benefit.

Shri Arvind Soni, learned Govt. Advocate opposes the prayer on the basis of objection. However, he did not dispute that this appellant is otherwise similarly situate qua appellant Nos. 3, 4 & 5, who have been given benefit of Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 11/25/2022 6:16:21 PM

suspension of sentence.

Accordingly, without expressing any conclusive opinion on the merits of the case, we deem it proper to extend the principle of parity.

Hence, the said I.A.No. 12099/2022 i s allowed. Execution of jail sentence of the appellant No.2-Shivpal Loni is hereby suspended. It is directed that the appellant No.2 shall be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court with a further direction to appear before the trial Court on 01.03.2023 and also on such other dates, as may be fixed by the Court in this

regard during the pendency of this appeal.

C.C. as per rules.

                               (SUJOY PAUL)                                    (DWARKA DHISH BANSAL)
                                  JUDGE                                               JUDGE

                            Pallavi




Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 11/25/2022
6:16:21 PM