Lalbai vs The State Of Madhya Pradesh
2023 Latest Caselaw 18548 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6917 of 2023
                                            (LALBAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-11-2023
                                 Shri Samar Singh Rajput - Advocate for appellant No.5 Kaliram @

                          Kaliya.
                                 Shri Manu V. John - Panel Lawyer for respondent/State.

Heard on I.A. No.24015 of 2023 for suspension of sentence and grant of bail to appellant no.5- Kaliram @ Kaliya arising out of judgment dated

19.05.2023 delivered in Sessions Trial No.72/2021 by Additional Sessions Judge Harsud, District Khandwa (M.P.) is taken up.

This appellant no.5 has been convicted under Section 302/149 of IPC and sentenced to undergo R.I. for life with fine of Rs.500/- and under Section 148 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- with default stipulations.

Learned counsel for this appellant submits that bare perusal of prosecution story shows that the role allegedly prayed by this appellant is similar to that of played by Tulsiram @ Tulya who got benefit of suspension of

sentence by order dated 08.09.2023. On the basis of parity, similar treatment may be given.

Prayer is opposed by learned Panel Lawyer but did not dispute the existence of factum of parity.

This Court while suspending the jail sentence of Tulsiram @ Tulya on 08.09.2023 recorded as under:-

"Learned counsel for the appellant submits that as per prosecution story on 28.02.2021 when Rama Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/4/2023 11:03:17 AM

on his motorcycle was going towards Kalyanpur, at around 6:30 pm in a bridge of Warsal river the accused persons stopped him and assaulted him by means of different weapons. The appellant/applicant Tulsiram was held guilty on the statement of Mukesh (PW-8) and on the basis of FSL report (Ex. P/41) in which blood was found on the shirt and stick of the appellant Tulsiram (Ex. L/1 & K) as per FSL report (P/41).

I t is submitted that appellant/accused has been falsely implicated by the police. There were no reliable evidence on which the conviction could have been based. There are glaring material contradiction and omission. Co-accused Lalbai has been granted benefit of suspension of sentence b y I.A. No.12223/2023 on 21.08.2023. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of present appellant No.4 Tulsiram may be suspended.

T h e prayer is opposed by learned Government Advocate on the basis of objection.

Considering the fact that co-accused Lalbai has been given benefit of suspension of sentence although mainly on the ground that she was a married woman and in facts and circumstances of the case, but nature of allegation in sum and substance of the case are of similar nature regarding appellant Tulsiram also, final hearing of this appeal is not possible in near future therefore, without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.21437/2023 is allowed."

Applying the principles of parity we deem it proper to give similar treatment to this appellant.

Accordingly, I.A. No.24015 of 2023 is allowed. Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/4/2023 11:03:17 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no.5- Kaliram @ Kaliya is hereby suspended and it is directed that this appellant no.1 be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Harsud, District Khandwa on 20.11.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                   JUDGE                                            JUDGE

                          anu




Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 11/4/2023
11:03:17 AM