Pinku @ Pinki @ Bihari Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12513 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5382 of 2022 (PINKU @ PINKI @ BIHARI SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 03-08-2023 Shri Madan Singh- Advocate for the appellant.

Shri Vivek Lakhera- GA for the State.

I.A.No.18512 of 2023 for amendment of session trial number is taken up. Let correction be incorporated within seven days. Also heard on I.A.No.18418/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to

sole appellant - Pinku @ Pinki @ Bihari Singh arising out of judgment dated 29.4.2022 delivered in S.T. No.100202/2013 passed by Second Additional Sessions Judge, Hatta, District- Damoh.

T h e appellant has been convicted under Section 148 of IPC and sentenced to undergo R.I. for 1 year with fine of 500/- and Section 302/149 and sentenced to undergo R.I. for life imprisonment with fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that this appellant is similarly situated to other co-accused persons and this Court was kind enough to

suspend the remaining jail sentence of certain appellants/accused persons vide order dated 27.7.2023 jointly passed in Cr.A.Nos.4368/2022 and 4845/2022. Thus, applying the principles of parity, remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Government Advocate but we could not show any reason as to why principles of parity may not be extended to the present appellant.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/3/2023 5:28:15 PM

Thus, applying the principles of parity, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.18418/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant -Pinku @ Pinki @ Bihari Singh is hereby suspended and it is directed that the appellant be released on bail on his 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 concerning trial court, Damoh on 16.10.2023 and also on such other dates, as may be fixed by the trial

court in this regard during the pendency of this appeal.

C. c. as per rules.

                              (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                 JUDGE                                              JUDGE

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Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 8/3/2023
5:28:15 PM