Ashish Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 6800 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1089 of 2023
                                        (ASHISH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-04-2023
                                 Shri Rajmani Bansal - Advocate for the appellants.

                                 Shri R.S. Yadav - Public Prosecutor for the respondent/ State.

Shri Sanjay Gupta - Advocate for the complainant. Heard on I.A.No.6557/23 first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1 - Ashish Sharma.

This criminal appeal has been filed against the judgment dated 19.12.2022 passed in ST No.290/2015 by First Additional Sessions Judge, District Bhind, whereby the appellant has been convicted under Sections 307/34 of IPC (two counts) and sentenced to undergo 10 years' R.I. with fine of Rs.5,000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial. He has not misused the liberty granted to him. He was in custody from 09.06.2015 to 29.04.2016 about 11 months from the date of judgment till today. Learned counsel for the appellant made submission that on the same date

of incident 09.03.2015 an FIR was lodged against the injured Ramesh and Devendra for causing death of father of the appellant. Beside this, soon after the incident, statements were recorded (Ex.D-1) before doctor, in which he has alleged that Vishram and Pawan fired. He is ready to abide by all the conditions that may be imposed by this Court. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM

On the contrary, learned counsel for the State as well as counsel for the complainant vehemently opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible and the appellant has suffered sufficient incarceration, (I.A.No.6557/2023) is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 16th October, 2023 and on such further dates as may be fixed by the office in this

regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A.No.6557/23) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM