Jalam Singh vs State Of Madhya Pradesh

Maninder S. Bhatti, J

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for final hearing.

Heard on I.A No. 30722/2023, which is an application under Section 389 of the Cr.P.C for suspension of sentence and grant of bail to the appellant.

Counsel contends that sentence of other co-accused, viz., Kailas, Heera Singh and Laliya @ Lal Singh has been suspended and they have been enlarged on bail by this Court vide order dated 5.4.2023 in CRA No. 11598/2023, 21.12.2021 in CRA No. 6491/2021 and dated 27.10.2023 in CRA 73/2015. Counsel contends that the case of the present appellant since stands on similar footings hence while maintaining parity sentence of the appellant be also suspended.

Counsel for respondent State does not dispute that so far as aforesaid co-accused are concerned, their suspension has already been suspended.

Considering the aforesaid facts and principle of parity, this Court deem it proper to suspend the sentence of appellant Jalam Singh.

Accordingly the jail sentence of the appellant Jalam Singh is hereby suspended subject to depositing the fine amount and furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one surety in the like amount to the satisfaction of the trial Court concerned with a further direction to appear before the Trial Court on 19th March, 2024 and also on such other dates as may be fixed by the Trial Court in this regard during pendency of this appeal.

With the aforesaid I.A. No. 30722/2023 stands disposed of.

List along with CRA No. 11598 of 2022, CRA No. 6491 of 2021 and CRA No. 73 of 2015.

Certified copy as per rules.