Pradeep Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 8246 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 4710 of 2022
                  (PRADEEP SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2022
      Shri Jitendra Tyagi, counsel for the appellant.

      Shri RS Chaubey, counsel for the respondent/State.

Heard on admission as well as on I.A.No.8639 of 2021, first application under Section 389(1) of CrPC moved on behalf of appellant for suspension of sentence and grant of bail.

Record of the trial Court has already been received in connected Criminal

Appeal.

Appeal being arguable, is admitted for final hearing. Vide judgment dated 19-05-2022 passed in Sessions Trial No. 05 of 2009, by Fifth Additional Sessions Judge, Morena the appellant has been convicted under Section 419, 420 r/w 120-B, 466 r/w 120B, 468 r/w 120-B of IPC and sentenced to undergo three- three months RI with Rs.2,500/- for each of the offences, total fine of Rs.10,000/-, with default stipulations.

It is submitted by counsel for the appellant that the appellant is innocent and falsely been implicated. Appellant was on bail during trial and has not

misused the liberty granted to him. Fine amount has already been deposited. It is further submitted that the jail sentence of the appellant has been suspended by the trial Court for a period of two months. Disposal of appeal is likely to take time. Hence, prayed for suspension of jail sentence and grant of bail to the appellant.

Learned State counsel, per contra, opposed the suspension application and prayed for its rejection.

Considering the short term sentence awarded by the trial Court as well as the fact that the jail sentence of the appellant has already been suspended by trial Court for a period of two months and disposal of appeal is likely to take time, the I.A. is hereby allowed. Subject to depositing of fine amount (if not already deposited) and on furnishing personal bond of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety of like amount to the satisfaction of concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Registry of this Court first on 25th July, 2022 and thereafter on other subsequent dates as may be fixed by the Office in that

regard till final disposal of the appeal.

List for final hearing in due course.

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

MKB

Digitally signed by MAHENDRA BARIK Date: 2022.06.23 18:02:18 +05'30'