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Judgment
IA No. 14966/2022, application for suspension of sentence appellant No.2 Vinod Dahiya is taken up. the of is taken up.
The appellant has been convicted under Section 302/34 of the I.P.C., sentenced to undergo R.I. for life and fine of Rs.5000/- and Section 323/34 of the I.P.C., sentence to undergo R.I. for one year and fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellant submits that this Court was kind enough in suspending the remaining jail sentence of appellant No.4 Ramvishwas Dahiya on 3.8.2022. The present appellant is similarly situated and allegedly used a 'lathi' while assaulting the injured/deceased. Thus, the present appellant also deserves similar treatment.
T h e prayer is opposed by learned Government Advocate for the respondent/State on the basis of objection. However, he did not dispute that present appellant is similarly situated qua co-accused Ramvishwas Dahiya who got the benefit of suspension of sentence and grant of bail on 3.8.2022.
We have heard learned counsel for the parties, and perused the record and the objection.
Considering the aforesaid and by applying the principle of parity, we deem it proper to suspend the remaining jail sentence of the appellant, without expressing any conclusive opinion on merits of the case.
Accordingly, aforesaid IA is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant- Vinod Dahiya is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty 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 concerned Trial Court on 28th November, 2022 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.
C c as per rules.