Kanchi Urf Shivdayal vs The State Of Madhya Pradesh
2024 Latest Caselaw 5511 MP

Madhya Pradesh High Court

Kanchi Urf Shivdayal 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. 7467 of 2018
                                   (KANCHI URF SHIVDAYAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 22-02-2024
                               Shri Yogesh Chourasia - Advocate for the appellant No.2 Ramesh.

                               Shri Ajay Shukla - Government Advocate for respondent-State.

Heard on I.A. No.2450 of 2024, an application filed under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.2 Ramesh arising out of judgment dated 14/09/2018 delivered in Special

Case No.132/2012 by Special Judge (Scheduled Caste/Scheduled Tribes) Adhiniyam, 1989, District Chhatarpur.

Learned Government Advocate adopts previous objection. T he appellant No. 2 has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo for life imprisonment with fine of Rs.1,000/- (on two counts) with default stipulation.

Learned counsel for this appellant by taking this Court to the recent Court order dated 25/01/2024 submits that this Court was kind enough in suspending the remaining jail sentence of appellant No.3 Biju @ Brijkishore

Patel. Previously, appellant No.1 was also granted benefit of suspension of sentence. By placing reliance on the prosecution story, it is submitted that present appellant did not cause any injury to the deceased person. He allegedly caused injury to other persons who came at the seen of crime. The case of present appellant is on better footing then the case of other co-accused persons who have already enjoyed the benefit of suspension of sentence. The final hearing of this matter is not possible in near future. Thus, by applying 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.

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

Accordingly, I.A No. 2450 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that appellant No.2 Ramesh 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 24/03/2024 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)                                    (DWARKA DHISH BANSAL)
                               JUDGE                                               JUDGE

                         manju