Smt. Rama Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4622 MP

            HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                     Cr.A. No. 4797/2021
           ( Smt. Rama Sharma Vs The State of M.P. )
                                    (1)

Gwalior, dated : 24/08/2021
      Shri B.S. Gour, learned counsel for the appellant.

         Shri Manish Nayak, learned Panel Lawyer for the respondent-

state.

The appeal is admitted.

Record of the Trial Court be requisitioned.

Heard on I.A. No.24579/2021, which is first application for

suspension of sentence and grant of bail to appellant.

This appeal has been preferred against the judgment dated

06/08/2021 passed by First Additional Sessions Judge, Gwalior

(M.P.) in S.T No. 437/2010 whereby the appellant has been

convicted under Sections 420, 466, 468 and 471 of the IPC and

sentenced to suffer three years RI with fine of Rs. 500/-, three years

RI with fine of Rs. 500/-, three years RI with fine of Rs. 500/- and

three years RI with fine of Rs. 500/-

Learned counsel for the appellant submits that the appellant

was on bail during trial and has never misused the liberty so

granted. It is submitted that if released on bail, there is no possibility

of his absconsion. An early hearing of this criminal appeal is not

possible. Accordingly, prayer for suspension of custodial sentence

is made.

Counsel for the respondent-state opposed the IA .

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, the I.A.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 4797/2021 ( Smt. Rama Sharma Vs The State of M.P. )

is allowed

It is, therefore, directed that if appellant deposits the entire

fine amount, if not already deposited, and furnishes a personal bond

in the sum of Rs.50,000/-(Rupees fifty thousand only) with a local

surety of the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 25th October, 2021

and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain suspended

till further orders and he shall be released on bail.

The appellant shall also furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well

as, orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.08.25 10:47:22 +05'30'