Laxhman Singh Kaurav vs The State Of Madhya Pradesh
2023 Latest Caselaw 20809 MP

Madhya Pradesh High Court

Laxhman Singh Kaurav vs The State Of Madhya Pradesh on 8 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 894 of 2023
                                   (LAXHMAN SINGH KAURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-12-2023
                                 Shri Bhoopendra Kaurav- Advocate for the appellant no.2-Deepak

                          Singh Kaurav.
                                 Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P. Shri Mohan Singh - Advocate for the objector.

Learned Government Counsel submits that he adopts his previous objection.

Heard on I.A. No. 25989 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no. 2 - Deepak Singh Kaurav arising out of judgment dated 29/12/2022 delivered in S.T.No.330/2014 by Ist Additional Sessions Judge, Gadarwara, District- Narsinghpur.

T h e appellant has been convicted under Section 148 of IPC and sentenced to undergo RI for 1 year with fine of Rs.1000/-, under Section

323/149 of IPC sentenced to undergo RI for three months with fine of Rs.1000/-, under Section 326/149 of IPC minor offence of Section 325/149 of the IPC sentenced to undergo R.I. for one year with fine of Rs.1,000/- and under Section 302/149 of the IPC sentenced to undergo R.I. for Life Imprisonment with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant submits that the role allegedly played by this appellant is similar to that of played by remaining co-accused persons. This Court by order dated 25.10.2023 has already enlarged the appellant No.1

and appellant No.3 on bail by suspending their remaining jail sentence. Thus, on the principles of parity similar treatment may be given to present appellant also and his remaining jail sentence may be suspended.

Learned counsel for the other side opposed the prayer but they did not dispute the factum and existence of parity.

Considering the aforesaid and applying the principle of parity, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant no.1.

Accordingly, I.A. No.25989 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of this appellant no.2 is hereby suspended and it is directed that appellant no. 2 - Deepak Singh Kaurav 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 trial Court Gadarwara, District Narsinghpur o n 08.01.2024 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)                                       (DWARKA DHISH BANSAL)
                                JUDGE                                                  JUDGE

                          sarathe