Madhya Pradesh High Court
Atar Singh vs The State Of Madhya Pradesh on 2 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9466 of 2022
(ATAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-01-2023
Shri Sharad Pandey - Advocate for appellant No.4 Anand Parte.
Shri Ajay Shukla - Govt. Advocate for the respondent / State.
Heard on I.A.No. 19639/2022, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant No.4
Anand Parte arising out of judgment dated 28.09.2022 delivered in SCATR
No. 81/2018 by the learned Special Judge, (SC & ST) Prevention of Atrocities,
Act Narmadapuram, District Narmadapuram.
The appellant No.4 Anand Parte has been convicted under Section 506
Part (II) of IPC and sentenced to undergo R.I. for 4 years with fine of
Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that the case of the present
appellant is similar to the co-accused Rajkumar Parte who got benefit of
suspension of sentence in CRA. No. 9544/2022 vide order dated 21.12.2022.
Considering the similar role and the short sentence coupled with the fact that
final hearing of this appeal is not possible in near future, the remaining jail
sentence of appellant may be suspended.
Learned Govt. Advocate opposed the prayer but did not dispute that
case of the present appellant is indeed similar to that of co-accused Rajkumar
Parte (Supra).
This Court in the case of Rajkumar Parte (Supra) recorded as under :
"Appeal is admitted for hearing.
Record is already received in the connected matter.
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/3/2023
11:13:29 AM
He is also heard on I.A.No. 19806/2022, an application
under Section 389(1) of the Cr.P.C for suspension of
sentence and grant of bail to appellant Rajkumar Parte.
The appellant No.3 has been convicted under Section
506(2) of IPC and sentenced to undergo R.I. for 4 years
with fine of Rs.1000/-, with default stipulation.
Learned counsel for the appellant by taking this Court to
the prosecution story urged that it is alleged against the
appellant that he pressurized the victim so that she may
solemnize marriage with co-accused Atar Singh. However,
Court below did not except this story of prosecution which
is evident from finding given in para 29 of the impugned
judgment. The appellant was held guilty merely because his
signatures are mentioned in some documents relating to
marriage.
I t is submitted that this finding is perverse and runs
contrary to the opening finding given in para 29 of the
judgment. Considering the limited role allegedly played by
this appellant and also by considering the short sentence.
Final hearing of this appeal is not possible in near future.
Remaining jail sentence may be suspended.
Shri Arvind Singh, learned Government Advocate oppose
the prayer.
However, considering the limited role allegedly played by
appellant and short sentence, we deem it proper to suspend
the remaining jail sentence of the appellant.
Accordingly, I.A.No. 19806/2022 is allowed.
Subject to depositing the fine amount (if not already
deposited), the remaining jail sentence of the appellant is
hereby suspended and it is directed that on furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand Only) along with one surety in the like amount
to the satisfaction of the trial Court, the appellant-
Rajkumar Parte be released on bail with a further
direction to remain present before the Trial Court,
Narmadapuram on 08/03/2023 and 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."
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/3/2023
11:13:29 AM
Considering the aforesaid and by applying the principle of parity, we
deem it appropriate to suspend the remaining jail sentence of appellant No.4
Anand Parte.
Accordingly, I.A.No. 19639/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant is hereby suspended and it is directed
that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand Only) along with one surety in the like amount to the satisfaction of
the trial Court, the appellant No.4 - Anand Parte be released on bail with a
further direction to remain present before the Trial Court, Narmadapuram
on 08/03/2023 and 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/3/2023
11:13:29 AM
