Madhya Pradesh High Court
Shankar Sharma vs The State Of Madhya Pradesh on 25 October, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRA-6232-2021
The High Court Of Madhya Pradesh
CRA-6232-2021
(SHANKAR SHARMA Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 25-10-2021
Shri Vishal Singh Bhadoriya, learned counsel for the appellant.
Shri Manish Nayak, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, admitted for final hearing.
Call for the record of the trial Court.
Heard on I.A. No.30470/2021, which is first application for suspension of
sentence and grant of bail filed on behalf of the appellant.
This criminal appeal assails the judgment dated 12.10.2021 passed in S.C.
(DOCT) No.19/2009 passed by the Special Judge (Dacoity), District Bhind, whereby
the present appellant was convicted under Section 25(1-B)(A) of Arms Act read with
Section 11/13 of MPDVPK Act and sentenced to undergo R.I. for three years with
fine of Rs.2000/- and in default to suffer additional R.I. for three months.
Prosecution story, as found proved, is that on 26.01.2009, on an information
given by the informer, the police reached at spot and arrested the present appellant
alongwith other co-accused persons, who were found preparing a plan for committing
dacoity in the house of Kallu Sharma. On the basis of the aforesaid, an FIR has been
registered at Crime No.25/2009.
Learned counsel for the appellant submits that the appellant has been wrongly
convicted. The learned trial Court has erred in appreciating the evidence on record.
He was on bail during trial and he did not misuse the liberty so granted. The fine
amount has already been deposited by him. An early hearing of this appeal is not
possible and owing to COVID-19 outbreak, detention of appellant in already
congested prisons may b e detrimental. The appellant is a permanent resident of
District- Bhind (M.P.). There are fair chances of success of this appeal. He is ready
to abide by the terms and conditions as may be imposed by this Court. With the
aforesaid submissions, prayer for suspension of sentence is made.
Learned Panel Lawyer for the State opposed the prayer and prays for
dismissal of the application.
An early hearing of this case is not possible. Taking into consideration the
2 CRA-6232-2021
overall facts and circumstances of the case, but without expressing any opinion on
the merits thereof, the I.A. 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) with a solvent surety in the like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on 20th December, 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 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.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(S. A. DHARMADHIKARI)
JUDGE
shanu*
Digitally signed by
SHANU RAIKWAR
Date: 2021.10.26
10:19:36 -07'00'
