Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13102 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1822 of 2014
                                            (RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-08-2023
                                 Shri Himanshu Shrivastava, learned counsel for the appellant No.2 -

                           Manohar Bairagi.
                                 Shri Siddharth Datt, learned counsel for the appellant No.1.
                                 Shri Amit Rawal, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.11544/2023 which is fifth application filed under

Section 389 (1) of Cr.P.C. on behalf of appellant No.2 Manohar Bairagi, who was convicted by the Additional Sessions Judge, Dhar by judgment/order dated 29.09.2014 in S.T. No.472/2012 for the offence punishable under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant No.2 submits that the appellant has completed more than 10 years of jail sentence. The allegations against the co- accused Rajesh Bairagi and the present appellant are same. There is no likelihood for early hearing of this appeal. The appellant No.1 Rajesh Bairagi has

been granted the benefit of suspension of sentence vide order dated 16.03.2023 and the case of the present appellant is identical to that of the co-accused Rajesh Bairagi, therefore, on the ground of parity, appellant No.2 Manohar Bairagi is also entitled for grant of suspension of sentence.

On the other hand, learned counsel for the respondent/State has opposed the application for suspension of sentence.

Looking to the aforesaid, we are of the of the considered opinion that the application for suspension of custodial sentence moved on behalf of the Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 12-08-2023 14:15:53

appellant No.2 - Manohar Bairagi on the ground of parity with the case of appellant No.1 Rajesh Bairagi deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case I.A. No.11544/2023 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant No.2 - Manohar Bairagi after being enlarged on bail

shall mark his presence before concerned trial court on 11.12.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

C.c. as per rules.

                                (VIVEK RUSIA)                                         (PRANAY VERMA)
                                    JUDGE                                                 JUDGE

                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 12-08-2023
14:15:53