LAWS(MPH)-2003-2-92

NIRPATIYA Vs. STATE OF MP

Decided On February 24, 2003
Nirpatiya Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) IT is said that out of six accused-appellants Mahendra and Kashiram in Cr.A.No. 244/2000 are real brothers. Similarly, in this appeal all the four appellants including the appellant No. 2 are the real brothers. It is also said that this Court vide order dated 15.5.2003 in M(Cri.) P.No. 754/02 has granted bail to one of the two brothers namely Kashiram, appellant No. 2, in CV.A.No. 244/2000 on the ground that the bail application of his brother Mahendra had already been rejected and the appellant was needed at home to look after the family members. It is also said that on the ground of parity, in this appeal when bail petition of three brothers have already been rejected, the bail of appellant No. 2 ought to be considered.

(2.) TAKING into account the totality of circumstances, the jail sentence of appellant No. 2 Balla alias Balkrishna is suspended and he is directed to be released on bail on the terms and conditions as under :