Pankaj Patil vs The State Of Madhya Pradesh
2023 Latest Caselaw 17925 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 5131 of 2018
                                           (PANKAJ PATIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                    Shri Anirudh Mishra - Advocate for the appellant No. 2 - Gajanand

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

Learned Government Advocate for the State adopts his previous objection.

I.A. No.23122 of 2023, application for suspension of sentence and grant of bail to appellant No. 2. Gajanand Patil is taken up.

T h e appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo RI for life and fine of Rs.2,000/- and under Section 307 of IPC and sentenced to undergo RI for seven years and fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant No.2 submits that prosecution story shows that the role allegedly played by appellant No.2 is similar to the role played by appellant No.1. Learned counsel for the appellant No.2 informs that

he remained in actual custody for more than 10 years. This Court was kind enough in suspending the remaining jail sentence of similarly situated appellant No.1 on 13.04.2023. Thus, by applying the principles of parity, the remaining jail sentence of this appellant may also be suspended.

Prayer is opposed on the basis of objection but Government counsel has not disputed the factum of parity.

This Court while granting benefit of suspension of sentence to co- appellant on 13.04.2023 recorded as under:- Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/28/2023 11:19:55 AM

Learned counsel for the appellant at the outset submits that no previous application for suspension of sentence is decided on merits. As per the prosecution story on 21.06.2013 near Arjun Nagar slum, Ayodhya Nagar, Piplani, Bhopal a quarrel had suddenly taken place between Pankaj Patil and Guddu Patil. The deceased-Mukesh tried to resolve the dispute and because of that Pankaj Patil got annoyed and that quarrel took an ugly shape. During the quarrel, as per prosecution story, the appellant - Pankaj Patil and another accused persons caused injuries by means of knife to Mukesh (deceased) and Radheshyam. The Mukesh died on the same night. Radheshyam entered the witness box and deposed against the appellant.

Learned counsel for the appellant by taking this Court to para 46 of the impugned judgment submits that appellant is in custody since 23.06.2013 continuously. The factual backdrop shows that there was no enmity between the appellant and deceased person. A sudden quarrel took an ugly shape in which in sudden impulse the appellant allegedly caused injury on the deceased persons. Thus, necessary ingredients for invoking Section 302 of IPC are absent. There is no premeditation or intention to cause such injuries. Considering the aforesaid, coupled with the fact appellant remained in custody for more than 9 and half years and final hearing of this appeal is not possible in near future the remaining jail sentence of this appellant may be suspended.

The prayer is opposed by Shri Singh on the strength of the objection.

We have heard the parties and perused the record. Considering the aforesaid factual backdrop, we deem it appropriate to suspend the remaining jail sentence of this appellant without expressing any conclusive opinion on the merits of the case.

Accordingly, aforesaid I.A. is allowed.

Applying the doctrine of parity, we deem it proper to give similar treatment to this appellant.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No. 2. Gajanand Patil be released on bail on his furnishing a

Signature Not Verified personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with Signed by: VAISHALI AGRAWAL Signing time: 10/28/2023 11:19:55 AM

one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court, Bhopal on 04.12.2023 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                                 (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                    JUDGE                                            JUDGE

                           vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 10/28/2023
11:19:55 AM