Gokul Alias Guluaa vs The State Of Madhya Pradesh
2024 Latest Caselaw 16232 MP

Madhya Pradesh High Court

Gokul Alias Guluaa vs The State Of Madhya Pradesh on 30 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2269 of 2023 (GOKUL ALIAS GULUAA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 30-05-2024 Shri Atul Singh Bhardwaj - Advocate for the applicants.

Shri Amit Garg - Panel lawyer for the State.

Heard on I.A. No.12786/2024 and I.A. No.12787/2024 whic h are second and third applications for suspension of sentence and grant of bail filed under Section 389(1) of the Code of Criminal Procedure 1973 on behalf of

applicant no.4 Jawahar Soni and applicant no.2 Shrinivas Soni respectively.

Applicant no.4 and applicant no.2 have been convicted for the offence punishable under Sections 324/34 and 326/34 of IPC and sentenced to undergo R.I. for six months and R.I. for 2 years with fine of Rs.500/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the applicants has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The disposal of this revision will take considerable time, therefore, the jail sentence of the applicants may be suspended and they may be released on

bail.

Learned counsel for the State has opposed the applications. Heard learned counsel for the parties, perused the records and the judgments of the courts below.

Both these applications have been argued on the ground of parity and for this, reliance has been placed on the order passed on 4.4.2024 in this criminal revision in favour of other co-applicants namely Gokul Soni and Brijmohan Soni. Those applications were allowed for the reason of nature of injuries.

The applicants herein cannot be distinguished from the acts of Gokul Soni and Brijmohan Soni, therefore applying the principle of parity, the applications under consideration are 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) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 02.09.2024 and on such other dates as may be fixed in this regard. The applicants shall regularly appear

before the trial Court during the pendency of this revision without fail.

List the matter for final hearing in due course.

(ANURADHA SHUKLA) JUDGE ps

Date: 2024.05.31 11:58:54 +05'30'