Madhya Pradesh High Court
Parmanand And Anr. vs The State Of Madhya Pradesh on 28 September, 2015
1
Criminal Appeal No.56/2013
28/9/2015
Shri A.K. Saraswat, learned Counsel for the
appellant.
Shri Yogesh Mittal, learned Counsel for the
respondent/State.
Heard on IA No.4739/15 which is an application for grant of suspension of sentence and bail regarding appellant No.2 Omprakash. Counsel for the appellant has vehemently urged the fact that it was a case of false implication. Even if the impugned para 31 & 32 of the judgment are considered, Counsel submitted that the contraband was never produced in Court and moreover it is now more than 6 years since the appellant has been in custody and he has full chance of success in the appeal. Counsel prayed for grant of bail since the appellant was suffering for a long time.
Counsel for the respondent/State on the other 2 hand has opposed the submissions of the Counsel for the appellant and stated that the samples were in order and the FSL report is available in the record. He submitted that there is one single case for offence under Section 323 of the IPC has been registered against the appellant. However, Counsel prayed for dismissal of the application.
Considering the above submissions and I find that recently this Court has in the matter of Devilal Vs. State of MP in Cr.A. No.869/2012 granted bail and suspension to the appellant under similar circumstances. The application is, therefore, allowed on the ground of parity. However, by way of abundant caution, it is directed that the appellant No.2 Omprakash be released on bail subject to his having paid the fine amount, if any, and on furnishing a personal bond of Rs.2,00,000/- (Rupees Two Lacs only) with two local sureties in the like amount to the satisfaction of the trial Court for his 3 appearance before this Court/Registry on 29/10/2015 and on such subsequent dates as may be fixed in this behalf by the office. In the meanwhile, the substantive portion of the jail sentence of the appellant shall remain suspended till hearing of the appeal.
CC as per rules.
(Mrs. S.R. Waghmare) Judge soumya