Shiv Parmar vs The State Of Madhya Pradesh
2025 Latest Caselaw 3353 MP

Madhya Pradesh High Court

Shiv Parmar vs The State Of Madhya Pradesh on 27 January, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1                                CRA-8293-2022
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 8293 of 2022
                                        (SHIV PARMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 27-01-2025
                                 Shri Vijay Shukla - Advocate for the appellants No.1 and 2.
                                 Shri S.M. Patel - Panel Lawyer for the respondent/State.

Heard on I.A.No.20716/2024, the fourth application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Shiv Parmar and appellant No.2 Murli.

Earlier three applications for suspension of sentence and grant of bail i.e I.A.No.19504/2022, I.A.No.8767/2023, and I.A.No.391/2024 were dismissed as withdrawn and not pressed vide orders dated 06.04.2023, 29.08.2023, and 20.03.2024.

Appellants have been convicted for commission of offence under Section 307/34 of IPC and have been sentenced to undergo 5 years R.I. and fine of Rs.2500/-, with default stipulation vide judgment of conviction and order of sentence dated 10.09.2022 passed in S.T.No.109/2019 (State of M.P. Vs. Shiv Parmar and others) by IInd Addl. Sessions Judge, Ashta

District Sehore.

Learned counsel for the appellants has submitted that appellants have already undergone more than half of the jail sentence. It is contended that appellants have been erroneously convicted by the learned trial Court. Learned trial Court has not considered the omissions and contradictions appeared in the evidence of the injured and other prosecution witnesses.

2 CRA-8293-2022 They have fair chances to succeed in appeal. There is bleak possibility of hearing of this appeal in near future. It is also contended that co- accused/appellants No.3 and 4, namely, Kalu @ Hariom Parmar and Jeevan Singh whose case is identical to that of present appellants, have already been released on bail vide order dated 31.08.2024. Therefore, it is prayed that on the ground of parity, remaining jail sentence of present appellants may be suspended and they be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Appellants have already undergone more than half of the jail sentence. There is bleak possibility of hearing of this appeal in near future and if sentence is not suspended the purpose of filing appeal would become futile.

Therefore, having taken into consideration the findings recorded in impugned judgment, material available on record and other facts and circumstances of the case and also on the ground of parity, I am of the view that a case for suspension of jail sentence is made out.

Consequently, I.A.No.20716/2024 is allowed. It is directed that execution of jail sentence of appellant No.1 Shiv Parmar and appellant No.2 Murli, is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial Court on 05.05.2025 and also on such other dates, as may be fixed by it in

3 CRA-8293-2022 this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

DV