Dharam Singh @ Chhatu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17034 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 44 of 2016
                                   (DHARAM SINGH @ CHHATU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                 Shri A. K. Vishwakarma - Advocate for appellant.

                                 Shri A.S. Baghel - Public Prosecutor for respondent/State.

Heard on I.A. No.22938 of 2023.

2. This is the first application seeking for suspension of sentence and bail filed on behalf of accused/appellant Nos.1 - Dharam Singh @ Chhatu who has

been convicted under Section 302 of the IPC and sentenced to undergo R. I. for Life and to pay a fine of Rs.10,000/- with default stipulation as mentioned in the judgment dated 31.08.2015 passed by the Sessions Judge, Dindori in S.T. No.59 of 2014.

3. The case of the prosecution, in substance, is that the accused No.1 and 2 were involved in committing murder of Mahesh Singh Parasar (since deceased) by means of hard and blunt object and strangulation.

4. It is argued that the case of the present appellant is identical to the co- appellant viz. Pankaj Saraiya who has already been released on bail vide order

dated 19.09.2023 and the role of the accused is not distinguishable from the role of co-appellant. The appellant is ready to furnish adequate surety and shall abide by the conditions which may be imposed by the court while considering his application for suspension of sentence. On these grounds, prayer is made to enlarge the accused on bail on the ground of parity.

5. Counsel appearing for the State though has opposed the contentions but he could not dispute the fact on the ground of parity.

6. On hearing the learned counsels and considering the nature of allegation as Signature Not Verified Signed by: LORETTA RAJ Signing time: 10/13/2023 3:38:55 PM

found proved against the present appellant coupled with the fact that similarly placed co-accused has already been granted bail and there is no possibility of early hearing of this appeal in near future, but without commenting on the merits of the case, we are of the view that the accused/appellant Nos.1 - Dharam Singh @ Chhatu deserves to be enlarged on bail. Consequently, I.A. No.22938 of 2023 is allowed.

7. Subject to deposit of the fine amount, the remaining jail sentence of the appellant shall remain suspended and accused/appellant Nos.1 - Dharam Singh @ Chhatu is directed to be enlarged on bail on he furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety

of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 19.12.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                     (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                       CHIEF JUSTICE                                          JUDGE

                           Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/13/2023
3:38:55 PM