Rajesh Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 6814 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 414 of 2019
                                     (RAJESH CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-04-2023
                                Shri V.P. Singh - Advocate for the appellants.

                                Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A. No.2185 of 2023, second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Rajesh Choudhary aris ing out of judgment dated 18.12.2018 delivered in S.T.

No.54/2014 by Sessions Judge, Katni, District Katni (M.P.).

The appellant has been convicted under Sections 324/34 and 302/34 of the IPC and sentenced to undergo R.I. for six months with fine of Rs.1000/- and R.I. for life imprisonment with fine of Rs.1,000/-, with default stipulation.

Learned counsel for appellant fairly submits that although his application of similar nature was dismissed as withdrawn on 02.01.2023, this court was kind enough in granting benefit of suspension of sentence to similarly situated co-appellant Surendra Choudhary on 11.01.2023. Thus, on the basis of parity, appellant may be given similar treatment.

Learned counsel for the appellant submits that Rajesh Choudhary and Surendra Choudhary both as per prosecution story caused injury on deceased by means of Lathi.

On a specific query from the Government Advocate, he fairly submits that there exists a parity between appellant and Surendra Choudhary.

Considering the aforesaid factual backdrop, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.2185 of 2023 is allowed. Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 27-Apr-23 11:05:31 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Rajesh Choudhary is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a 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, Katni on 12 th of June, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                            (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                               JUDGE                                             JUDGE
                          DPS




Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 27-Apr-23
11:05:31 AM