Citation : 2024 Latest Caselaw 16793 MP
Judgement Date : 28 June, 2024
1 CRA-6817-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6817 of 2024
(RAMVEER SINGH RAWAT AND OTHERS Vs UNION OF INDIA)
Dated : 28-06-2024 Shri Amitabh Gupta - Advocate for the appellant.
Shri Vikram Singh - Advocate for C.B.I.
This appeal is under under Section 374(2) of Cr.P.C. against the judgment dated 27.5.2024 passed by the IX Additional Sessions and Special Judge, CBI (Vyapam Cases), Bhopal (M.P.) in Sessions Trial No.1000866 of
2014 whereby the appellants have been convicted under Section 419 read with 120B and sentenced to undergo R.I. for 2 years and fine of Rs.1000, under section 420 read with 120B and sentenced to undergo R.P. for 2 years and fine of Rs.1000, under Section 467 read with 120B and sentenced to undergo R.I. for 7 years and fine of Rs.3000, under section 468 read with 120B and sentenced to undergo R.I. for 7 years and fine of Rs.1000 and under section 471 read with 120B of the IPC and sentenced to undergo R.I. for 7 years and fine of Rs.3000 & under Section 3(gha)(1)(2) read with section 4 of M.P. Recognised Examination Act, 1937 and sentenced to undergo R.I. for 2 years
and fine of Rs.1000 with default stipulations.
The appellants are in jail since 27.05.2024.
Record of the Court below be called for.
Learned counsel for the appellants submits that he has moved an application i.e. I.A. No.13934 of 2024 for suspension of sentence and grant of bail to the appellants. He also submits that in identical cases, based upon same charges, same allegations, same evidence, a Co-ordinate Bench of this Court in Cr.A. No.2779 of 2024 has granted bail to the appellants therein, therefore, the
2 CRA-6817-2024 jail sentence of present appellants may also be suspended on the ground of parity.
Shri Vikram Singh, learned counsel appearing for CBI although raised objection but looking to the order passed in identical matter, I am inclined to suspend the jail sentence of present appellants on the ground of parity. Therefore, without commenting anything on the merits of the case, I.A. No.13934 of 2024 is allowed.
It is directed that remaining jail sentence awarded to appellants namely Ramveer Singh Rawat, Hemant Singh Jat and Sarvesh Kumar Jha shall remain suspended and they shall be released on bail subject to their depositing
the amount of fine, if not already deposited, and on their furnishing a personal bond in the sum of Rs.50,000/- each with a surety bond of like amount to the satisfaction of the trial Court concerned for their appearance before the Registry of this Court on 09.12.2024 and on such other dates as may be fixed in this regard till final disposal of this appeal.
C.c. as per rules.
(SANJAY DWIVEDI) JUDGE
PK
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