Chotelal Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 5759 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               CRA No. 1962 of 2022
               (CHOTELAL SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-04-2022
       Shri V.D. Sharma, learned counsel for the appellants.

       Shri Purushottam Tanwar, learned Panel Lawyer for the respondent-State.

I.A.No.6234/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also heard I.A.No.6235/2022. This is the repeat application under Section 389 Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No.1-Chhotelal Sharma.

This Criminal Appeal assails the judgment dated 16/02/2022 passed in ST No.300220/2014 passed by Fourth Additional Sessions Judge, District Bhind (M.P.) whereby, appellant No.1 stands convicted under Section 307/34 of IPC and sentenced him to undergo 5 years RI with a fine of Rs.3,000/- in default stipulation.

Learned counsel for the appellant No.1- Chhotelal Sharma submits that the appellant is in custody since 16/02/2022 i.e date of judgment of the trial Court. It is further submitted that one 135 bore gun has been recovered from possession of the appellant and as per prosecution story, injuries found over the body of the

victim were caused by mouser. Earlier one dehati nalishi was lodged against the complainant of this case. As the complainant along with his family members committed the murder of brother of the accused person, therefore, the present appellant has been implicated in this case. It is further submitted that the jail sentence of co-convicted accused Muneem Sharma has already been suspended by this Court vide order dated 12/04/2022. The present appellant is on better footings. The fine amount has already been deposited by the appellant. There are omissions and contradictions in the statement recorded before the Trial Court. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Learned State counsel has vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on

record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.6235/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing

personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.1 Chottelal Sharma shall remain suspended and he be released on bail. The appellant No.1 is further directed to mark his appearance before the Office of this Court on 04/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

I.A.No.6235/2022 stands closed.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance. Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* PAWAN KUMAR 2022.04.20 17:08:41 +05'30'