Rajpal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13272 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 825 of 2020
                                     (RAJPAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-08-2023
                                Shri Kamal Singh Rajput - Advocate for the appellants No. 1 & 5.

                                Shri Ajay Shukla - Government Advocate for respondent/State.

Heard on I.A. No.18491/2023 an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants No.1 Rajpal and appellant No.5 Rajesh arising out of judgment dated 15.01.2020 delivered in

SCATR No.115/2017 by Special Judge SC/ST (Prevention of Atrocities) Act, Khandwa , District-Khandwa.

T h e appellants have been convicted under Section 147 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.100/-, under Section 323/149 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.100/-, and under Section 302/149 of IPC and sentenced to undergo R.I. for Life with fine of Rs.100/- with fine of Rs.100/- each with default stipulation.

Learned Government Advocate at the outset adopts the previous objection filed in case of co-accused.

Learned counsel for these appellants urged that as per prosecution story, the role allegedly played by these appellants Rajpal and Rajesh is almost similar to the role played by co-accused Ajay, Raghunath and Suraj. This Court by order dated 21.07.2023 appellant No.3 Raghunath and by order dated 28.07.2023 appellant No.2 Ajay and appellant No.4 Suraj was pleased to suspend remaining jail sentence of said appellants. Thus, by maintaining the parity, remaining jail sentence of these appellants may also be suspended, more- so, when final hearing of this appeal of 2020 is not possible in near future. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/17/2023 10:48:02 AM

Shri Ajay Shukla, Government Advocate for the State opposed the prayer but did not dispute the factum of parity.

Considering the aforesaid and without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of these appellants.

Accordingly, I.A No.18491/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants is hereby suspended and it is directed that appellant No.1 Rajpal and appellant No.5 Rajesh be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty

Thousand only) each 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, Khandwa District-Khandwa on 09.10.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                   JUDGE                                             JUDGE

                          vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/17/2023
10:48:02 AM