Satish Sharma vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 1698 MP

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          THE HIGH COURT OF MADHYA PRADESH
                           Cr.A. No.277/2017
                      Satish Sharma Vs. State of M.P.

Gwalior, Dated : 30.04.2021

      Shri B.K. Sharma, learned counsel for the appellant.

      Shri    Vijay    Sundaram,     learned    Panel    Lawyer    for   the

respondent/State.

Learned counsel for the rival parties are heard through video

conferencing.

I.A.No.7693/2021, third application for suspension of jail

sentence and grant of bail moved by the appellant - Satish Sharma, is

taken up and considered.

This Criminal appeal assails the judgment dated 31/01/2017

passed in S.T. No.400077/2016 by Sessions Judge Distt. Sheopur

(M.P.), whereby the appellant has been convicted and sentenced as

under:-

    Section           Imprisonment                      Fine
  302 of IPC              L.I.           Rs.5,000/- with default stipulation

Learned counsel for the State opposed the said IA and prayed for

its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Looking to the second wave of COVID-19 pandemic which

appears to be more infectious and menace and the fact that it is a case

where two real brothers fought against each other and in a fit of rage,

one of them, the appellant gave a single knife blow which turned out to

be fatal. The element of intention to kill appears to be not very

prominent, however, without commenting upon the merits of the case,

this Court is inclined to grant bail to appellant - Satish Sharma by way

of suspension of sentence.

Accordingly, I.A. 7693/2021 is allowed and it is directed that the

jail sentence of appellant - Satish Sharma will remain under

suspension subject to verification that the amount of fine has been

deposited, on the appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with two solvent sureties of the like

amount to the satisfaction of concerned CJM for his appearance before

the concerned CJM on 30/07/2021 and on such further dates as may

be fixed by him which shall be of frequency not less than once in a

year. In case, appellant is found absent on any date fixed by the

concerned C.J.M. then the said C.J.M. shall be free to issue and execute

warrant of arrest for securing his presence without first referring the

matter to this Court, provided the Registry of this Court is kept

informed.

The learned concerned CJM and the prosecution are directed to

ensure following of COVID-19 precautionary protocol prescribed from

time to time by the Supreme Court, the Central Government and as well

as the State Government during release, travel and residence of the

appellant during period of suspension of sentence as a consequence of

this order.

A copy of this order be sent to the Court concerned for

compliance.

C.c as per rules.

                               (Sheel Nagu)              (Rajeev Kumar Shrivastava)
                                  Judge                            Judge
Shubhankar*

         SHUBHANKAR
         MISHRA
         2021.04.30 17:10:36
         +05'30'