Rajbali Mushar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7768 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 1763 of 2015
                                         (RAJBALI MUSHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                 Shri G.R. Saket - Advocate for the appellant No.2 Punnamasi.

                                 Shri A.N. Gupta - Government Advocate for the respondent / State.

Heard on I.A No. 3605 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- Punnamasi arising out of judgment dated 19.03.2015 delivered in ST No.

82/2012 by Additional Judge to the Court of I Additional Sessions Judge, Singrauli.

T he appellant has been convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulation.

It is fairly submitted that this Court by order dated 05.01.2018 dismissed the similar application of this appellant along with appellant No.1 Rajbali Mushar. The role allegedly played by both the appellants is similar. This Court was kind enough in granting benefit of suspension of sentence to appellant No.1

Rajbali Musahar recently on 31.01.2023. Thus, on principles of parity and considering the period of custody, this appellant may be given similar benefit.

Learned State counsel opposed the prayer on the basis of objection. However, he did not dispute the factum of parity.

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 appellant No.2 Punnamasi Accordingly, I.A.No.3605 of 2023, is allowed.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/12/2023 10:11:30 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2 Punnamasi is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, appellant No.2 Punnamasi be released on bail with a further direction to remain present before the Trial Court, Singrauli on 12th July, 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)                                (AMAR NATH (KESHARWANI))
                                JUDGE                                             JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 5/12/2023
10:11:30 AM