Prakash Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17469 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7985 of 2023
                                              (PRAKASH SAHU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-10-2023
                                 Shri M.K. Tiwari - Advocate for appellant.

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

Heard on I.A.No.19133 of 2023:

2. This is the first application seeking for suspension of sentence and grant of bail filed on behalf of appellant/accused Prakash Sahu, who has been

convicted under Sections 148, 302/149 and 325/149 of the Indian Penal Code and sentenced to undergo R.I. for two years and fine of Rs.500/-, R.I. for Life and fine of Rs.500/- and R.I. for three years and fine of Rs.500/-, respectively with default stipulations vide judgment dated 27.05.2023 passed by the Ist Additional Sessions Judge, Damoh in S.T.No.34 of 2014.

3. This application has been filed on the ground that co-accused namely Ramesh, Narayan Sahu and Babulal have already been enlarged on bail by this Court vide orders dated 08.10.2015 in Cr.A.No.1977 of 2015, 08.10.2015 in Cr.A.No.1771 of 2015 and vide order dated 22.01.2016 in Cr.A.No.2834 of

2015 respectively and the case of the present appellant is identical to them. The appellant is in custody since 27.05.2023. He was on bail during trial and had never misused the liberty granted to him. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence and grant of bail.

4. Per contra, learned Public Prosecutor has vehemently opposed the contentions but he could not dispute the fact of parity with the co-accused.

5. Considering the overall facts and circumstances of the case and the fact Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 10/20/2023 11:45:07 AM

of parity in mind, this Court deems it appropriate to enlarge the appellant on bail.

6. Accordingly, without expressing any opinion on the merits of the case, I.A. No.19133 of 2023 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine is deposited and he be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before that Court on 08.01.2024 and thereafter on such other subsequent dates as may be fixed in that regard.

                                   (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                     CHIEF JUSTICE                                         JUDGE

                           sj




Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/20/2023
11:45:07 AM