Dulichandra Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 5505 MP

Madhya Pradesh High Court

Dulichandra Yadav vs The State Of Madhya Pradesh on 22 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 8893 of 2023
                                    (DULICHANDRA YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 22-02-2024
                               Shri Shreyash Pandit - Advocate for the appellant.

                               Shri Ajay Shukla - Government Advocate for respondent-State.

Ms. Savita Choudhary - Advocate for objector.

Heard on I.A. No.18604 of 2023, an application filed under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant

Dulichandra Yadav arising out of judgment dated 03/11/2018 delivered in Special Case No.119/2016 by Special Judge (Scheduled Caste/Scheduled Tribes) Act, 1989, District Chhatarpur.

The appellant has been convicted under Section 302/149 of the I.P.C. and Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo for life imprisonment with fine of Rs.1,000/- and Section 147 of IPC and sentenced to undergo R.I. for six months with fine of Rs,500/-, with default stipulations.

Learned counsel for the appellant submits that this Court was kind

enough in suspending the remaining jail sentence of co-accused Gokal and Rajbhan in connected CRA No.346 of 2019 by orders dated 29/01/2020 & 29/04/2022 respectively and co-accused Premlal by order dated 14/02/2020 in CRA No.348 of 2019, who were allegedly carrying lathi and caused injuries by means of lathi, considering the fact that on the person of deceased, no lathi injury was found. By taking this Court to the FIR, prosecution story and seizure etc., it is submitted by learned counsel for the appellant that this appellant was also carrying lathi. Thus, by applying the principles of parity, similar protection

may be given to the present appellant.

The prayer is opposed by learned Government Advocate on the basis of objection but he did not dispute the factum of parity and the fact that appellant was allegedly carrying lathi.

Considering the aforesaid factual backdrop and by applying principles of parity, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 18604 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that

appellant Dulichandra Yadav 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, Chhatarpur on 29/04/2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                            (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                               JUDGE                                               JUDGE

                         manju