Rakesh Kumar Khushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 16252 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2037 of 2019
                                   (RAKESH KUMAR KHUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-10-2023
                                  Shri Sankalp Kochar - Advocate for appellant.

                                  Shri Jubin Prasad - Panel Lawyer for respondent/State.

Shri Jubin Prasad-Panel Lawyer prays for and is granted permission to adopt his previous objection.

Parties are Heard on I.A.No.18649 of 2023, which is the second

application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant No.2- Jitendra Kushwaha. His first application was dismissed as withdrawn vide order dated 31.07.2019.

The appellant No.2 has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 01.02.2019 passed by Additional Sessions Judge, Bairsia, District Bhopal (M.P.) delivered in S.T. No.623/2014, whereby appellant No.2 has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.10,000/- with default stipulations.

Shri Sankalp Kochar, learned counsel for the appellant No.2 by taking this court to the prosecution story and the role allegedly played by this appellant submits that if it is compared with the role allegedly played by all other appellants namely Rakesh Kumar Kushwaha, Jeetu @ Jitendra Malviya and Jahid Khan, it will be clear that appellant No.2 has allegedly played the same role.

This court was kind enough in suspending the remaining jail sentence of remaining co-accused persons. Thus, by applying principle of parity, the Signature Not Verified Signed by: SWETA SAHU Signing time: 10/5/2023 12:07:09 PM

remaining jail sentence of appellant No.2 may be suspended.

Prayer is opposed by Shri Jubin Prasad-Panel Laywer but he did not dispute the existence of factum of parity.

Thus, we deem it proper to suspend the remaining jail sentence of this appellant as well on the same terms.

Accordingly, I.A No.18649 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that appellant No.2 Jitendra Kushwaha 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, Barasiya, Bhopal

on 6 th of November, 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

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Signature Not Verified
Signed by: SWETA SAHU
Signing time: 10/5/2023
12:07:09 PM