RADHESHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is the fourth application on behalf of the applicants. The sole ground in the application is that other co-accused persons namely Rakesh has been enlarged on bail by a coordinate Bench in Cr.A. No.2041/08 on 5.5.2008 and co-accused Mohan in Cr.A. No.1954/08 on 26.11.2008 and by this Bench co-accused Ashok was released on bail on 13.10.2010 in Cr. A. No.1450/08. It is submitted that on the principal of parity the sentence of appellants may be suspended and they be enlarged on bail. Learned counsel for the respondents though opposed the prayer but could not point out distinguishing feature to reject the prayer of the appellants.

(2.) WE have perused the order dated 5.5.2009 in Cr.Appeal No.1450/08 by a Coordinate Bench allowing the application of co- accused Rakesh which reads thus :-

(3.) CONSIDERING aforesaid, looking to the subsequent events, this fourth application for suspension of sentence and release on bail of appellants deserves to be allowed and 3.....