Param @ Parmanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 21693 MP

Madhya Pradesh High Court

Param @ Parmanand vs The State Of Madhya Pradesh on 18 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 11730 of 2022
                                     (PARAM @ PARMANAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-12-2023
                                 Shri S.S.Thakur- Advocate for appellants.

                                 Shri Ramji Patel - Panel Lawyer for the respondent/State.

Heard on IA No.28881 of 2023 and IA No.24077 of 2023, which are the second applications under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants No.1, 2, 3, 5, 6 and 7

and appellant No.8 respectively. Appellants are in jail.

Appellants have been convicted and sentenced as mentioned in the impugned judgment dated 05.12.2022 passed in ST No.1300109/2013 by Fourth Additional Sessions Judge, District Damoh M.P. Learned counsel for the appellants while seeking suspension of sentence inter alia submitted that the parties are arrived at compromise and an application under Section 320 of Cr.P.C. has been filed before this Court which has been verified by Registrar (J-II) and submitted his report on 13.12.2023. The said report reveals that parties have amicably resolve their dispute without

any threat, inducement or pressure. Under such circumstances, application of appellants for suspension of sentence and grant of bail may be considered.

Learned counsel for complainant has supported the contentions of counsel for appellants and submitted that complainant/victim has no objection if appellants are granted suspension.

Up o n hearing learned counsel for the parties and in view of the compromise arrived at between the parties which is duly verified by the Registrar(J-II), this Court refrain from commenting upon rival contentions

touching merits of the matter and the appeal is of the year 2022 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellants No.1, 2, 3, 5, 6 and 7 and appellant No.8 are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.28881 of 2023 and IA No.24077 of 2023 stands allowed and it is directed that the jail sentence of appellants No.1, 2, 3, 5, 6 and 7 and appellant No.8 shall remained suspended and they be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit

of fine amount. Appellants are directed to appear before the trial Court first on 01/02/2024 and on other subsequent dates as may be fixed in this behalf.

List this case for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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