Jai Vijay Singh @ Rahul Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10132 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 9405 of 2022
                                (JAI VIJAY SINGH @ RAHUL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-07-2023
                                 Shri Kapil Pathak - Advocate for the appellant No.2/ Bhupendra Singh

                                 Shri Yogesh Dhande - Government Advocate for respondent / State.

Heard on I.A No.12689 of 2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 - Bhupendra Singh arising out of judgment dated 15.09.2022 delivered in S.T

No.26/2020 by VIIth Additional Sessions Judge, Sagar District-Sagar (M.P).

The appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.5,000/- w it h default stipulation.

Learned counsel for the appellant by taking this Court to the order dated 12.05.2023 submits that this Court was kind enough in suspending the remaining jail sentence of appellant No.3 Pratham Singh. The present appellant No.2 Bhupendra Singh is similarly situated. Thus by applying the principle of parity, the remaining jail sentence of this appellant may be suspended.

The prayer is opposed on the strength of objection by Shri Yogesh Dhande, Govt. Advocate. However, on a specific query from the Bench, learned G.A. did not dispute that present appellant is also sailing in the same boat and is similarly situated qua appellant No.3 Pratham Singh.

Considering the aforesaid and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant No.2 Bhupendra Singh. Accordingly, I.A No.12689 of 2023 is allowed.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 7/5/2023 10:24:31 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 - Bhupendra Singh is hereby suspended and it is directed that the appellant No.2 be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/- (Rupees Fifty 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 Sagar on 7th August, 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)                                (AVANINDRA KUMAR SINGH)
                                JUDGE                                             JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 7/5/2023
10:24:31 AM