Pintu @ Praveen Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6992 MP

                                                                        01

             HIGH COURT OF MADHYA PRADESH
                       CRA-5342/2019
    (Pintu @ Praveen Sharma & others Vs. State of Madhya
                         Pradesh)

Gwalior, Dated: 28.10.2021
      Heard through hybrid system of physical/virtual hearing.

      Mr. Brajesh Tyagi, learned counsel for the appellant.

      Mr. Lokendra Shrivastava, learned Public Prosecutor for the

respondent/State.

Heard on I.A. No.29002/2021, which is an application for

suspension of sentence and grant of bail to the appellant No.1-Pintu

@ Praveen Sharma.

Learned counsel for the appellants prays for interim bail to

appellant No.1 on the ground of ailment of his father as there is

nobody in his house to look after him.

This appeal has been preferred against the judgment dated

01.06.2019 passed by learned Special Judge, District Guna in S.T.

No.160/2017, whereby the appellant has been convicted and

sentenced as under :

Section Imprisonment Fine (Rs.) Default (in lieu of fine) 459 of IPC LI 1,000/- 1 month 147 of IPC 1 year RI 1,000/- 1 month 323/149 of IPC and 1 year RI 1,000/- 1 month 3(2)5A of SC/ST Act 323/149 of IPC and 1 year RI 1,000/- 1 month 3(2)5A of SC/ST Act 323/149 of IPC and 1 year RI 1,000/- 1 month IPC and 3(2)5A of

SC/ST Act 302/149 of IPC and LI 1,000/- 1 month 3(2)5A of SC/ST Act

Learned counsel for the appellants submits that father of

appellant No.1 is suffering from kidney disease and he requires to

undergo dialysis every week and there is no one in the family to look

after him except appellant No.1 and, therefore, he prays for interim

bail for a period of 90 days.

Learned Public Prosecutor for the State opposed the bail

application and prayed for its rejection.

Taking into consideration the overall facts and circumstances of

the case, this Court deems it fit to extend the benefit of interim

suspension to appellant No.1 for a period of 90 days from today.

Consequently, I.A.No.29002/2021 is hereby allowed for a

period of 90 days. If the appellant No.1 furnishes a bail bond and

deposits the fine amount in the sum of Rs.50,000/- (Rupees fifty

thousand Only) alongwith one surety bond of the like amount to the

satisfaction of the trial Court and undertakes that he will appear

before the concerning Court before expiry of a period of 90 days, then

the appellant shall be released on bail and execution of jail sentence is

suspended till the disposal of this appeal.

Certified copy as per rules.

     (S.A. Dharmadhikari)                   (Deepak Kumar Agarwal)
            Judge                                    Judge


bj/-

       BARKHA
       SHARMA
       2021.10.2
       8 17:35:54
       +05'30'