Lal Pratap Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17742 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 12554 of 2022
                                         (LAL PRATAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-10-2023
                                 Shri Sankalp Kochar and Shri J.P. Singroul - Advocates for

                           appellants.
                                 Shri Yogendra Das Yadav - Govt. Advocate for respondent/State.

Shri Vineet Mishra - Advocate for the objector.

Heard on I.A. Nos.24873/2023 and 24183/2023, which are second

applications under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.2 and 6 namely Bhallupal, Chote Ahirwar. Earlier applications of aforesaid appellants were dismissed as withdrawn vide order dated 26.04.2023.

The appellants have been convicted under Sections 148, 307/149 (on 5 counts) with additional offence of Section 25(1-B)A of Arms Act.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence

available on record and committed error in convicting the appellants for aforesaid offence. The appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State and counsel for the objector have opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the record and judgment of the Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/26/2023 5:09:55 PM

trial Court.

These two applications for suspension of sentence have been argued primarily on the ground of parity and for this, appellants No.2 and 6 namely Bhallupal, Chote Ahirwar relied upon the order dated 03.10.2023 passed in this appeal, whereby applications for suspension of sentence were allowed in favour of appellant Nos.1, 3, 4 and 5 namely Lal Pratap Singh, Krishnapal Singh, Vishnupal Singh and Awadhesh Pratap Singh . The facts fo the case of present appellants namely Bhallupal and Chote Ahirwar are identical to the facts of the case of other appellants. Thus, applying the principle of parity, benefit of suspension of sentence be granted to the appellants No.2 and 6 namely

Bhallupal and Chote Ahirwar. Accordingly, the applications are allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants No.2 and 6 namely Bhallupal, Chote Ahirwar shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 04.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.As. stand allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/26/2023 5:09:55 PM