Kaushal Prasad Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 8567 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1223 of 2022 (KAUSHAL PRASAD SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 28-06-2022 Mr. Surendra Singh, learned Senior Advocate along with Mr. O.P.

Agnihotri, Advocate for the applicant.

Mr. Rajesh Chand, learned Government Advocate for the State. Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.11091/2022, which is second application for

suspension of sentence and grant of bail on behalf of applicant- Kaushal Prasad Sharma. The first application preferred by the applicant was dismissed as withdrawn vide order dated 22.04.2022.

B y the impugned judgment dated 26.03.2022 passed by Additional Sessions Judge, Rampur Baghelan, district- Satna in Criminal Appeal No.73/2015 arising out of the judgment and findings dated 25.02.2015 passed by Judicial Magistrate First Class, Rampur Baghelan, district- Satna in Criminal Case No.493/2010, the applicant has been convicted for offence under Section 409 of the Indian Penal Code and sentenced to undergo RI for three years with

fine of Rs.2,000/- with default stipulation.

Learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The applicant has already deposited the amount in question i.e. about Rs.32,854/- in the year 1997 itself. Document (Exhibit D-1) to that effect has been filed. It is further contended that the applicant is in custody for about

four months and final disposal of this revision would take considerable time, therefore, it is prayed to suspend the sentence of the applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case as well as the age of the applicant is about 74 years and the fact that disposal of this revision would take considerable time, without commenting on merits of the case, the I.A.No.11091/2022 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned,

remaining jail sentence imposed upon the applicant - Kaushal Prasad Sharma shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the concerned trial Court on 07.11.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this revision.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.28 05:18:49 -07'00'