Omprakash @ Manta vs The State Of Madhya Pradesh
- Neutral2018 INSC 914
Ratio decidendi
The rule this decision rests on
Where co-convicts similarly circumstanced have been granted suspension of sentence pending appeal, the sentence of another co-convict convicted in the same proceedings should be suspended on grounds of parity, notwithstanding that the High Court declined such suspension.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1237 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 3172 OF 2018]
OMPRAKASH @ MANTA Appellant(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved since the High Court
declined to suspend the sentence during the pendency
of the criminal appeal pending before the High Court.
It is not in dispute that the sentence has been
suspended in the case of Accused Nos. 2, 3 and 4, who
have been convicted and sentenced along with the
appellant herein.
3. Having heard the learned counsel appearing for
the appellant and the learned counsel appearing for
the State and having gone through the available Signature Not Verified pleadings before us, we are of the view that the Digitally signed by JAYANT KUMAR ARORA Date: 2018.10.06 12:38:20 IST Reason: sentence needs to be suspended in the case of the
appellant herein also on the ground of parity. 2
4. Accordingly, this appeal is disposed of as
follows :-
(i) The appellant shall be released on bail subject
to depositing the entire fine amount and on
furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand) with two solvent sureties of
the like amount to the satisfaction of the Chief
Judicial Magistrate, Katni.
(ii) The appellant shall also appear before the
Registry of the High Court on the last working day of
every month.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ SANJAY KISHAN KAUL ]
.......................J. [ NAVIN SINHA ]
New Delhi;
October 01, 2018.
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