Omprakash @ Manta vs. State of MP on 1 October, 2018
SUPREME COURT OF INDIA
Before : Kurian Joseph, Sanjay Kishan Kaul and Navin Sinha, JJ.
Criminal Appeal Nos. – 1237 of 2018 [@ Special Leave Petition (Crl.) No. 3172 of 2018]. D/d. 1.10.2018.
Omparkash @ Manta – Appellants
Versus
State of Madhya Pradesh – Respondents
For the Appellants : – Vikash Upadhyay, Ashwin Kumar Nair, Advocates.
For the Respondents : – Naveen Sharma, Arjun Garg, Advocates.
Judgement
Kurian Joseph, J – Leave Granted.
2. The appellant is aggrieved since the High Court declined to suspend the sentence during the pendency of 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 pleading before us, we are of the view that the sentence need to be suspended in the case of the appellant herein also on the ground of parity.
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 L 50,000/- Rs. 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.
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