Hari Prasad vs The State Of Madhya Pradesh
2024 Latest Caselaw 6122 MP

Madhya Pradesh High Court

Hari Prasad vs The State Of Madhya Pradesh on 28 February, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1690 of 2023
                                        (HARI PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-02-2024
                               Shri Vikesh Pratap Singh - Advocate for appellant No.5.

                               Smt.     Ranjana     Agnihotri     -   Dy.    Government      Advocate   for
                         respondent/State.

Heard on I.A No.5090/2024, which is second application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf

of appellant No.5-Gulab.

The appellant No.5 has been convicted for the offence punishable under Section 304-II/149 of IPC and sentenced to undergo R.I. for 7 years and with fine of Rs.1,000/- and Section 148 of IPC and sentenced to undergo R.I. for 1 year and with fine of Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant No.5 submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Appellant No.5 is in custody and appeal would take considerable time to

conclude. He is 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 has opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

This is second application filed by the appellant No.5 under the provision

of Section 389 (1) of Cr.P.C. for seeking suspension of sentence.

His first application was dismissed by a co-ordinate Bench of this Court on 01.03.2023 on merits.

This application has been argued on the ground that co-convicts Hari Prasad (appellant No.1) and Ramkumar (appellant No.3) were allowed the suspension of sentence vide order dated 30.01.2024 and the act of present appellant No.5 in the alleged crime is claimed to be identical.

Having considered the facts of the case, also taking into account the order passed on 30.01.2024 and applying the principle of parity, this Court finds it to be a fit case to suspend the jail sentence of the appellant No.5 and

release him on bail. Accordingly, without commenting on the merit of the case and the application under consideration is allowed.

I t 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) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant No.5 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 17.05.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

NP