SADASUKH ALIAS SADU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is the fourth application on behalf of the applicant Sadasukh @ Sadu for suspension of sentence and release on bail. 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 appellant may be suspended and he 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 appellant.

(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.) TAKING into consideration the totality of the circumstances, we grant the application. On appellant Rakesh furnishing a personal bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one solvent surety in the like amount to the satisfaction of the trial Court, he shall be released on bail for his appearance before the said Court on all such other dates as are given to him by the said Court till final disposal of this appeal or as and when/where so directed." Similarly the other co-accused person Mohan was also enlarged on bail. So far as Ashok is concerned, we find that Ashok was also enlarged on bail on 13.10.2010. The present appellant Sadasukh @ Sadu was also pelting stones on the deceased while fatal injuries were caused by Mohan and one injury by Rakesh by Ballam.