Rajan Singh @ Raghvenra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9326 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2056 of 2020
                                  (RAJAN SINGH @ RAGHVENRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-06-2023
                                Shri Navneet Shukla - Advocate for the appellant Nos. 2-Rambhaiya

                          Kol and 4-Sonu @ Sohan Lal Kol.
                                Shri Ajay Shukla - Government Advocate for the respondent/ State.

Shri Ajay Shukla, Government Advocate for the respondent/State borrowed his previous objection and argued on the strength of the same.

Heard on I.A No.24724 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2- Rambhaiya Kol and appellant No.4-Sonu @ Sohan Lal Kol arising out of judgment dated 18.02.2020 delivered in S.T. No. 2/2018 by Ist Additional Sessions Judge, Nagod, District - Satna (M.P.).

The appellant Nos. 2 and 4 have been convicted under Section 148 of I.P.C. and sentenced to undergo rigorous imprisonment for three years with the fine of Rs.5,000/-, under Section 302/149 of I.P.C. to undergo for Life imprisonment with the fine of Rs.50,000/-, under Section 201 of I.P.C. to

undergo rigorous imprisonment for seven years with the fine of Rs.10,000/- and Section 120-B of I.P.C. to undergo for Life imprisonment with the fine of Rs.50,000/- with default stipulations.

Learned counsel for the appellant Nos.2 and 4 submits that the appellant Nos.2 and 4 deserve benefits of suspension on the basis of parity. This Court was kind enough in granting the benefit of suspension of sentence to appellant No.1-Rajan Singh @ Raghvendra Singh on 25.11.2022.

By taking this Court to the prosecution story, it is urged that as per the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 6/22/2023 12:28:22 PM

story, all the accused persons allegedly and jointly assaulted the deceased person. However, no eye-witness supported the prosecution story. The weapons allegedly used in commission of crime were not sent for FSL examination. Thus, there is no clinching legal evidence on the strength of which conviction can get stamp of approval from this Court. The final hearing of this appeal is not possible in near future. Thus, on principles of parity, these appellants may be given similar benefits.

Shri Ajay Shukla, Government Advocate for the respondent/State opposed the prayer on the basis of previous objection but did not dispute the factum of parity.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to grant the benefit of parity and suspend the remaining jail sentence of appellant Nos.2 and

4. Accordingly, I.A No.24724 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2-Rambhaiya Kol and appellant No.4-Sonu @ Sohan Lal Kol is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) each along with one solvent surety in the like amount to the satisfaction of the trial Court, these appellants be released on bail with a further direction to remain present before the Trial Court, Satna on 4th September, 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)                                      (DWARKA DHISH BANSAL)
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 6/22/2023
12:28:22 PM

                               JUDGE       JUDGE
                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 6/22/2023
12:28:22 PM