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Judgment
Rajendra Kumar Vani, J
Heard on I.A. No.1867/2026 which is first application under Section 430 (1) of BNSS, 2023/389 (1) of Cr.P.C. for suspension of sentence and grant of bail.
This Criminal Appeal assails the judgment dated 05.01.2026 passed by the learned 10th Additional Sessions Judge, District Bhopal (M.P.) in S.T.No.508/2017, whereby the appellant has been convicted under Section 341 of IPC and sentenced to undergo R.I. for 1 month with fine of Rs.200/-, Section 342 of IPC and sentenced to RI for 1 year with fine of Rs. 500/- and Section 354 of IPC and sentenced to RI for 1 year with fine of Rs. 500/-, Section 354-A/34 of IPC and sentenced to undergo RI for 3 years with fine of Rs. 500/- and 506 Part-II of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500/- with default stipulations.
It is submitted by learned counsel for the appellant that the case of present appellant is identical to that of co-accused Mohd. Tahir, who has been released on bail by the Co-ordinate Bench of this Court vide order dated 01.07.2025 in Cr.A. No.5080/2025. It is further submitted that the appellant is having a good case on merit. He is ready to comply with the conditions as may be imposed by this Court. It is also submitted that the present appeal will take considerable time for its disposal. It is prayed that the benefit of suspension of sentence be granted and the appellant be released on bail on the ground of parity.
On the other hand, learned counsel for the State has opposed the prayer made by the appellant. However, he fairly concedes the factum of parity with co-accused Mohd. Tahir.
Heard learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, on the ground of parity, I.A. No.1867/2025 is allowed.
It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the present appellant shall remain suspended and he shall be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 11.05.2026 and on subsequent dates as may be fixed by the trial Court in this regard.
List this case for final hearing in due course along with Cr.A. No.5080/2025.
Certified copy as per rules.