Madhya Pradesh High Court
Netrapal Singh vs The State Of Madhya Pradesh on 29 March, 2019
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.7875/2018
(Netrapal Singh & Ors. vs. The State of M.P.)
Jabalpur-29/03/2019
Shri Madan Singh, counsel for the appellants.
Ms. M.P.S. Chuckal, Panel Lawyer for the respondent/State.
Heard on I.A. No.174/2019, which is the first application for suspension of sentence and grant of bail filed on behalf of appellants No.1-Netrapal Singh & appellant No.2-Popendra Kashyap.
At the outset, learned counsel for the appellants does not wish to press this application for suspension of sentence and grant of bail for appellant No.2-Popendra Kashyap.
Accordingly, IA No.174/2019 stands dismissed as not pressed for appellant No.2-Popendra Kashyap.
Now the IA No.174/2019 which is the application for suspension of sentence and grant of bail is taken into consideration for appellant No.1-Netrapal Singh.
The appellant has been convicted vide judgment dated 13.07.2018 passed in Special Sessions Trial No.30/2016 by the Special Judge (SC/ST (Prevention of Atrocities) Act), District- Anuppur, and sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment
in lieu of fine
370/34 IPC R.I. for life Rs.10,000/- 5 months Addl.
(Not deposited) R.I.
120 (B) IPC R.I. for 10 years Rs.1,000/- (Not 2 months Addl.
deposited) R.I.
3(2)(v) SC/ST R.I. for life Rs.10,000/- 5 months Addl.
Act (Not deposited) R.I.
(All the sentences shall run concurrently) Learned counsel for the appellant contends that the jail sentence of co-accused namely Mukesh Chandra has been suspended vide order dated 19.12.2018 by this Court and the case of the present appellant No.1 Netrapal Singh is not distinguishable from the case of co-accused Mukesh Chandra, however, the substantive jail sentence of the present appellant may be order to be suspended on the ground of parity.
Learned Panel Lawyer for the respondent/State opposed the prayer but she is not in a position to distinguish the case.
Accordingly, I.A. No.174/2019 is allowed on the ground of parity. It is hereby directed that execution of remaining jail sentence of appellant No.1 Netrapal Singh shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.50,000/- with one solvent surety bond of the like amount to the satisfaction of the trial Court for his appearance before Registry of this Court on 10.06.2019 and thereafter on each subsequent dates as may be directed by the Registry of this Court in this regard.
It is directed that the appellant shall regularly appear on the dates so fixed by the Registry. He shall not remain absent without prior intimation to the Registrar concerned.
List this appeal for final hearing in due course as per the scheme formulated.
Certified copy as per rules.
(J.K. Maheshwari) (B.K. Shrivastava)
Judge Judge
DPS
Digitally signed by DHEERAJ
PRATAP SINGH
Date: 2019.04.02 02:55:58
-07'00'