P.Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8410 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 648 of 2017
                                          (P.KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 12-06-2023
                                Shri V. P. Singh - Advocate for the appellant No.1- P. Kumar.

                                Shri Yogesh Dhande - Government Advocate for the respondent / State.

Heard on IA No.5913 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.1 P. Kumar arising out of judgment dated 09/01/2017 delivered in S.T.

No.23/2015 by 16th Additional Sessions Judge, Bhopal.

This appellant has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000/-, with default stipulation.

Learned counsel for this appellant by taking this Court to the prosecution story submits that the appellant did not assault the deceased person. He was sitting on a motorcycle and for similar role, this Court was kind enough in suspending the remaining jail sentence of similarly situated co-accused person Ramu @ Ramkumar on 23/02/2023. Thus, considering the aforesaid limited role

and principles of parity, the remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Government Advocate but he did not rebut the argument relating to parity.

Considering the aforesaid and finding given by Court below in para-43 of the impugned judgment, we deem it proper to suspend the remaining jail sentence of this appellant also.

Accordingly, aforesaid IA is allowed.

Signature Not Verified Signed by: MANJU Signing time:

6/13/2023 4:57:43 PM

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.1 is hereby suspended and it is directed that the appellant No.1 P. Kumar 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 concerning trial court, Bhopal` on 07 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)                                    (ACHAL KUMAR PALIWAL)
                               JUDGE                                                JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
6/13/2023 4:57:43 PM