CHETAN BAIRWA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

(2.) Heard on I.A. No.11501/2020, an application under Section 389 of Cr.P.C. for suspension of jail sentence on behalf of the appellants No.3-Dhanraj Bairwa and No.4 Dharmraj Bairwa who stood convicted by the order dated 14.06.2019 passed in Sessions Trial No. 80/17 by the Sessions Judge, Sheopur under Section 148 and 304(ii) read with Section 149 of IPC and sentenced to undergo 2 years' RI and 5 years' RI with fine of Rs. 2000/- and 5000/- respectively with default stipulation. It is further argued that jail sentence of appellants No. 6--Buddhiprakash Bairwa and No.9 Khemraj Bairwa have already been suspended vide order dated 27.7.2020 and the case of appellants is almost identical to that of said appellants. Appellants have expressed their willingness to deposit Rs.5000/- in the PM Cares Fund. Hence, on the ground of parity, the appellants prayed for suspension of sentence and grant of bail.

(3.) Per contra, learned counsel for State has pointed out that specific allegation of inflicting fatal injury to deceased is against Durgalal, Ghasidas and Chetan and present appellants have not inflicting any injury to deceased. He also could not dispute the factum of parity of appellants with appellants No. 6--Buddhiprakash Bairwa and No.9 Khemraj Bairwa whose sentence has already been suspended as stated herein above.