Rajkumar Sharma @ Fauji vs The State Of Madhya Pradesh
2022 Latest Caselaw 1616 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 845 of 2022
             (RAJKUMAR SHARMA @ FAUJI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-02-2022
      Heard through Video Conferencing.

      Shri Nikhil Tiwari, Advocate for the appellant.
      Shri Somesh Gupta, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is arguable, hence admitted for final hearing. Also heard on I.A.No.1299/2022, which is an application for

suspension of sentence and grant of bail.

T he present appeal has been preferred under Section 374(2) of the Cr.P.C. against the judgment dated 27.11.2021 in S.T. No.59/2018 passed by Sessions Judge, Mandla whereby the appellant has been convicted for the offence punishable under Sections 395/397 of the IPC and sentenced to undergo R.I. for seven years with fine of Rs.1000/-, sections 25(1)(1-b)(a) and 26 of the Arms Act and sentenced to undergo RI for two years and five years with fine of Rs.500 and Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submits that the appellant is in jail

since 14.07.2017 and he has completed more than half period of sentence. There is no possibility of final hearing of the appeal in near future. Hence, he prays for suspension of custodial sentence and grant of bail to the appellant.

Learned Panel Lawyer has vehemently opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case coupled with the fact that the appellant has completed more than half period of jail sentence, hence aforesaid IA is allowed.

I t is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant shall remain suspended during pendency of this appeal and he be released on bail on his furnishing a personal bond for the sum of Rs.35,000/- with one solvent surety in the like

amount to the satisfaction of the trial Court for his appearance before the trial Court on 13.06.2022 and thereafter on all the subsequent dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course along with Cr.A. No.7336/2021. Certified copy/e-copy as per rules/direction.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2022.02.05 13:48:15 IST