Madhya Pradesh High Court
Ram Sajeevan @ Sajji vs The State Of Madhya Pradesh on 20 September, 2022
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 615 of 2015
(RAM SAJEEVAN @ SAJJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-09-2022
Shri R. S. Patel, learned counsel for the appellant No.1 Ramsajivan @
Sajji.
Shri Anoop Kumar Saxena, learned counsel for the appellant No.3-Devki.
Shri Yogesh Kumar Chaurasia, learned counsel for the appellant No.4
Rajkumar Patel.
Shri Yogesh Dhande, learned Government Advocate for the
respondent/State.
Shri Satish Chand Chaturvedi, learned counsel for the objector. I.A. No.13199/2022, application for suspension of sentence and grant of bail filed on behalf of appellant No.1 Ramsajivan @ Sajji, I.A. No.14916/2022, I.A. No.13686/2022, application for suspension of sentence and grant of bail filed on behalf of appellant No.3 Devki and application for suspension of sentence and grant of bail filed on behalf of appellant No.4 Rajkumar Patel are taken up.
Appellant No.1 Ramsajivan @ Sajji has been convicted under Section 294 of the I.P.C. and sentenced to undergo R.I. for one month with fine of Rs.500/-, Section 341/34 of the I.P.C. and imposed a fine of Rs.500/- and Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.2000/-, with default stipulation.
Appellant No.4 Rajkumar Patel has been convicted under Section 294 of the I.P.C. and sentenced to undergo R.I. for one month, Section 341/34 of the I.P.C. and imposed a fine of Rs.500/- and Section 302/34 of the I.P.C. and Signature Not Verified Signed by: MOHD AHMAD Signing time: 9/21/2022 10:21:10 AM 2 sentenced to undergo R.I. for life with fine of Rs.2000/-, and Section 506-II of the I.P.C. and sentenced to undergo R.I. for one year, with default stipulation.
Appellant No.3 Devki has been convicted under Section 294 of the I.P.C. and sentenced to undergo R.I. for one month, Section 341/34 of the I.P.C. and imposed a fine of Rs.500/-, Section 302 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.2000/-, and Section 506-II of the I.P.C. and sentenced to undergo R.I. for one year, with default stipulation.
Learned counsel for these appellants urged that the prayer for suspension of sentence and grant of bail is based on twin reasons. Firstly, this Court granted the benefit of suspension of sentence and grant of bail to appellant No.2 Mukesh on 29.6.2022 mainly on the basis of period of custody. Secondly, the role played by these appellants and appellant No.2 Mukesh are same. The period of custody of these appellants are almost same. Considering the principle of parity, these appellants also deserve similar treatment.
T h e prayer is opposed by learned Government Advocate for the respondent/State on the basis of objection. Learned counsel for the objector also borrowed the same arguments.
We have heard learned counsel for the parties, perused the record and the objection.
Considering the principle of parity and similar period of custody of these appellants, we deem it proper to suspend the remaining jail sentence of the appellants 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 appellant No.1 Ramsajivan @ Sajji, appellant, appellant No.3 Devki and appellant No.4 Rajkumar Patel are hereby Signature Not Verified Signed by: MOHD AHMAD Signing time: 9/21/2022 10:21:10 AM 3 suspended and it is directed that the appellants be released on bail on their 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 Trial Court, Nowgong District Chattarpur on 14 th December, 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.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ahd
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 9/21/2022
10:21:10 AM