Dharmendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 13974 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRA No. 1977 of 2022
               (DHARMENDRA SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2022
      Shri Amit Lahoti, learned counsel for the appellant.

      Ms. Abha Mishra, learned Public Prosecutor for the respondent-State.

Heard on I.A. No.11368/2022, which is third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant. Earlier first application was dismissed as withdrawn vide order dated 25/03/2022 and second application vide order dated 13/06/2022 was allowed

for temporary period.

This Criminal Appeal assails the judgment dated 10/02/2022 passed in S.T. No. 27/2013 passed by 8th Additional Sessions Judge, Gwalior (M.P.) whereby appellant stands convicted under Section 170, 171, 467, 468 and 471 of the IPC and Section 25(1-B)(A) of the Arms Act and sentenced him to undergo one year RI, three months RI, five years RI, three years RI, five years RI and one year RI with a fine of Rs.15,200/-,with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case.

Appellant is aged around 48 years. Present appellant is first offender and there is no criminal antecedents. The appellant has suffered around 14 months of incarceration as against five years sentence awarded. Earlier second application was allowed for temporary period and appellant surrendered before the Trial Court. The allegation is of impersonation whereby he committed the alleged offence by using forged identity. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the

appellant.

Counsel for the State vehemently opposed the application and submitted that appellant has been convicted under Sections 170, 171, 467, 468 and 471 of the IPC and Section 25(1-B)(A) of the Arms Act and sentenced for five years. therefore, 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. 11368/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 09/01/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

Prachi

PRACHI MISHRA 2022.11.01 10:56:04 +05'30'