Imrat Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 17924 MP

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 3002 of 2016
                                          (IMRAT CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                  Shri Shreyas Pandit-Advocate for appellant No.1.

                                  Shri Akhilendra Singh-Government Advocate for the respondent/State.

Heard on I.A.No.21037/2023, a repeat application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail to appellant No.1-Imrat Choudhary aris ing out of judgment dated 19.08.2016 delivered in S.T.

No.355/2014 by VIII Additional Sessions Judge, Jabalpur (M.P.). Earlier bail application was dismissed as withdrawn on 01.04.2022. 2 . The appellant No.1 has been convicted under Section 302 of the IPC and sentenced to undergo Life Imprisonment and fine of Rs.5,000/- with default stipulation.

3. At the outset, learned counsel for the appellant by taking this Court to the prosecution story submits that the role allegedly played by the appellant No.1 is similar to that of co-accused/appellant No.2-Amar @ Amrat @ Babbi Choudhary. This Court by order dtd. 23.06.2023 in the instant case suspended

the remaining jail sentence of the appellant No.2. The present appellant is similarly situated and therefore, by applying the principles of parity, the remaining jail sentence of appellant No.1 may also be suspended.

4. The prayer is opposed by learned Government Advocate for the respondent/State.

5. This Court while granting benefit of suspension to co-accused-Amar @ Amrat @ Babbi Choudhary, recorded as under :

Signature Not Verified "The appellant 2 has been convicted under Section 302 of the Signed by: SWETA SAHU Signing time: 10/28/2023 11:44:31 AM

IPC and sentenced to undergo for life imprisonment with fine of Rs.5,000/- with default stipulation.

3 . Learned counsel for the appellant 2 submits that no previous application of this appellant is decided on merits. The appellant 2 has remained in custody for approximately 9 years. It is further submitted that the whole family has been convicted for the offence and there is nobody to take care of two daughters of the appellant. It is further submitted that final hearing of this appeal is no t possible in near future, therefore, remaining jail sentence of appellant 2 may be suspended.

4. Shri Ajay Shukla, learned Government Advocate opposed the prayer on the basis of objection but did not dispute the custody period.

5. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant 2. Accordingly, I.A No.1350/2023 is allowed.

6. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant 2-Amar @ Amrat @ Babbi Choudhary is hereby suspended and it is directed that the appellant-2 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, Jabalpur (M.P.) on 21st of August, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal."

6. In view of principles of parity, so also looking to the period of custody, which is about 9 years and three months, we deem it proper to suspend the remaining jail sentence of appellant No.1 on same terms.

7. Accordingly, I.A. No. 21037/2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.1 is hereby suspended and it is directed that appellant No.1-Imrat Choudhary be released on bail on his furnishing a personal bond for a sum

Signature Not Verified Signed by: SWETA SAHU Signing time: 10/28/2023 11:44:31 AM

of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court with a further direction to

remain present before the concerning Trial Court, on 04 th December, 2023 and on such other dates as fixed by the trial court in this regard during the pendency of this appeal.

8. List for final hearing in due course.

C.C as per rules.

                                (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                   JUDGE                                            JUDGE

                           ss




Signature Not Verified
Signed by: SWETA SAHU
Signing time: 10/28/2023
11:44:31 AM