HOTAM Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on I.A. No. 1348/05, third application for suspension of his sentence by the appellant. His earlier application has been dismissed on merits. His second application was dismissed vide order dated 15.10.2004. It is submitted by his learned counsel that thereafter co-appellant Balram has been admitted to bail vide order dated 10.1.2005 of another Bench of this Court. It is not disputed that the allegations found proved against this appellant were not materially different from those found proved against Balram. Both of them were on bail during the trial of the case. Considering the claim for parity, without expressing any opinion on merits, in the facts and circumstances of this case, the application is allowed. The impugned sentence of imprisonment alone of this appellant Hotam shall also remain suspended during the pendency of this appeal subject to his depositing the amount of fine and furnishing personal bond of Rs. 25,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registrar of this Court on 1.4.2005 and thereafter on such subsequent dates as may be fixed by the office.