Munna @ Mahesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4039 MP

                                  1                              CRR-1586-2021
        The High Court Of Madhya Pradesh
                   CRR-1586-2021

(MUNNA @ MAHESH SHARMA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-08-2021 Heard through Video Conferencing.

Mr.Aishwarya Sahu, learned counsel for the applicant. Mr.Sachindra Raghuvanshi, learned P.L. for the State. Considered I.A.No.12707/2021, an application for exemption from filing certified copy of the impugned judgment.

For the reasons stated in the application, same is allowed. The applicant is exempted from filing certified copy of impugned judgment.

Heard on the question of admission.

The revision is admitted for hearing.

Let record of the courts below be requisitioned. Also considered I.A.No.12708/2021, an application for suspension of sentence and grant of bail on behalf of applicant-Munna @ Mahesh Sharma.

The applicant has been convicted for offences under section 304-A of IPC on 2 counts vide impugned judgment dated 06.7.2021 passed by learned

lower appellate Court in Criminal Appeal No.149/2015 and sentenced to undergo R.I. for 2 years and fine of Rs.500/- with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. The impugned judgment has been passed without properly appreciating the oral and documentary evidence available on record. The applicant is jail since the date of judgment. The applicant has already deposited the fine amount. The final disposal of this revision would take considerable time. Therefore, the applicant be released on bail and his sentence be suspended.

Learned P.L. for the State has opposed the prayer for bail. Considering the over all facts and circumstances of the case; looking to the sentence awarded; final disposal of revision would take considerable time;

2 CRR-1586-2021 and fine amount has been deposited, without commenting on merits of the case the Interlocutory Application No.12708/2021 is allowed.

It is directed that subject to furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon applicant-Munna @ Mahesh Sharma

shall remain suspended during the pendency of this case and he shall be released on bail.

T h e applicant shall appear before the trial Court concerned on 26.11.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this case.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.08.06 18:33:43 IST