Arjun vs The State Of Madhya Pradesh
2023 Latest Caselaw 7035 MP

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 2717 of 2013
                                          (ARJUN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-05-2023
                                Shri S. N. Pandey - Advocate for the appellant No.1 Argun.

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

Heard on I.A No. 4060 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Arjun arising out of judgment dated 14/08/2013 delivered in S.T. No.77/2012

by the Sessions Judge, Panna.

This 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.10,000/- with default stipulation.

Learned counsel for this appellant submits that although this Court dismissed the previous application on merits on 10/03/2014, fact remains that this Court was kind enough in suspending the remaining jail sentence of appellant No. 2 Premlal recently on 06/01/2023. Appellant is claiming parity with Premlal because both of them allegedly caused injury by means of lathi. This

appellant also remained in actual custody for more than 10 years. Thus, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate opposed the prayer but he did not dispute the factum of parity.

Considering the aforesaid, we deem it proper to suspend the remaining jail sentence of appellant No.1 Arjun. Accordingly, I.A No. 4060 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: MANJU Signing time:

5/2/2023 2:08:07 PM

remaining jail sentence of appellant No.1 Arjun is hereby suspended and it is directed that this 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, Panna on 12th July, 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)                                (AMAR NATH (KESHARWANI))
                               JUDGE                                             JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
5/2/2023 2:08:07 PM