Hariram Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9820 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11062 of 2019
                                       (HARIRAM YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-06-2023
                                Shri Satish Kumar Dawara - Advocate for the appellant No.5-Gulab

                          Yadav.
                                Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A. No.9751 of 2023 an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.5-Gulab

Yadav arising out of judgment dated 07.12.2019 delivered in S.T. No.39 of

2013 by IInd Additional Sessions Judge Bijawar, District - Chhattarpur (M.P.).

The appellant No.5 has been convicted under Section 148 of the IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, under Section 452 of IPC to undergo R.I. for 1 year with fine of Rs. 500/-, under Section 302/149 of IPC to undergo for life imprisonment with fine of Rs. 5,000/-, and under Section 323/149 of IPC (on two counts) to undergo R.I. for 6 months with fine of Rs. 500/- (on each count), with default stipulations.

Learned counsel for appellant No.5 submits that this Court was kind

enough in suspending the jail sentence of appellant No.3-Lampu Yadav vide order dated 28.04.2023. The sentence was suspended considering the age of the said appellant. The present appellant at the time of incident in the year 2012 was aged about 57 years. Now, he is touching 60 years.

As per prosecution story, there were omnibus allegations against all the accused persons that they caused injuries on the deceased person by means of Lathi. Considering the age of appellant No.5 coupled with the factum of parity with Lampu, remaining jail sentence of appellant No.5 may be suspended. Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 6/28/2023 4:38:27 PM

The prayer is opposed by learned counsel for the State. Considering the age of appellant No.5 and applying the principle of parity, we deem it proper to suspend the remaining jail sentence of the appellant No.5-Gulab Yadav.

Accordingly, I.A. No.9751 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.5-Gulab Yadav is hereby suspended and it is directed that appellant 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 trial Court Bijawar, District Chhattarpur on 4th September, 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)                                  (DWARKA DHISH BANSAL)
                                  JUDGE                                              JUDGE

                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 6/28/2023
4:38:27 PM