Jaswant Dangi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16227 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5511 of 2021
                                                            CRA/03200/2019
                          Dated : 04-10-2023
                                Shri Sanjay Gupta - Advocate for the appellant in Cr.A.No.3200/2019.

                                Shri    S.   B.   Shrivastava     -   Advocate     for   the   appellant    in
                          Cr.A.No.5511/2021.
                                Shri Jubin Prasad - Panel Lawyer for the respondent/State.

I.A.No.19497 of 2023, an application under Section 389(1) of the Cr.P.C

for suspension of remaining jail sentence and grant of bail to appellant no.2- Deepak Saini (CRA No.3200 of 2019), arising out of judgment dated 18.3.2019

delivered in S.T. No.663/2016 by 23rd Additional Sessions Judge, Bhopal, District Bhopal and I.A.No. 18913 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of remaining jail sentence and grant of bail to appellant- Jaswant Dangi (CRA No.5511 of 2021), arising out of judgment dated 30.07.2021 delivered in S.T. No.663/2016 by 10th Additional Sessions Judge, Bhopal, District Bhopal.

The appellant in Cr.A.No.5511/2021 has been convicted under Section

376(D) of IPC and sentenced to undergo RI for 20 years with fine of Rs.2,000/- with default stipulations. The appellant no.2 in Cr.A.No.3200/2019 has been convicted under Section 376(D) of IPC and sentenced to undergo RI for 20 years with fine of Rs.2,000/- and under Section 376(2)(n) of IPC and sentenced to undergo R.I for 10 years with fine of Rs.2000/-, with default stipulations.

By taking this Court to the prosecution story, learned counsel for the appellants Shri Sanjay Gupta and Shri S.B.Shrivastava jointly urged that the story makes it clear that the role allegedly played by these appellants is similar to Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 10/4/2023 5:41:11 PM

the role played by appellant Sachin Kirar. This Court in Cr.A.No.2864/2019 was kind enough to suspend the remaining jail sentence of Sachin Kirar by order dated 31/07/2023. Thus, by applying principles of parity, the appellants may be given similar benefit.

Shri Jubin Prasad, learned Panel Lawyer opposed the prayer but did not dispute the factum of parity.

This Court while granting benefit of suspension to Sachin Kirar in CRA No.2864 of 2019, recorded as under:

"Learned counsel for the appellant after referring the evidence of prosecutrix and relying upon the judgment in the case of Umar Abdul Sakoor Sorathia Vs. Intelligence Officer, Narcotic Control Bureau, (2000) 1 SCC 138 a n d D. Gopalakrishnan Vs. Sadanand Naik and others, (2005) 1 SCC 85 s ub mits that prosecutrix has identified appellant on the basis of photograph which is not as per law. In this connection, learned counsel for the appellant has also referred para-20 of prosecutrix's testimony. He has also contented that no missing report was lodged immediately and FIR has also not been lodged promptly. In the instant case, from evidence on record, place of incident has not been established clearly. There is no reliable evidence to connect the appellant with the alleged offence. Appellant is in custody for nearly four years and nine months. The final hearing of this appeal is not possible in near future, thus. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate. Taking into consideration the over all evidence on record against applicant and nature thereof, including testimony of prosecutrix etc. with respect to identity of appellant and custody period coupled with the fact that hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 8392/2022 is allowed."

Signature Not Verified In view of principles of parity, we deem it proper to suspend the Signed by: ANUPRIYA SHARMA Signing time: 10/4/2023 5:41:11 PM

remaining jail sentence of these appellants on same terms.

Accordingly. I.A.No.18913/2023 and I.A.No.19497/2023 are allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants- Deepak Saini and Jaswant Dangi is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Bhopal on 09.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                                (SUJOY PAUL)                                (DWARKA DHISH BANSAL)
                                   JUDGE                                           JUDGE

                          anu




Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/4/2023
5:41:11 PM