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Omprakash @ Manta vs The State Of Madhya Pradesh

Supreme Court1 October 2018Navin Sinha · Sanjay Kishan Kaul · Kurian Joseph

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

1

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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