Chetan @ Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 20244 MP

Madhya Pradesh High Court

Chetan @ Sharma vs The State Of Madhya Pradesh on 1 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              CRA No. 3012 of 2021
                    (CHETAN @ SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 01-12-2023
      Mr. Anil Kumar Tiwari - Advocate for the appellant.

      Ms. Seema Sahu - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 974 of 2023, which is fourth application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 6.3.2021 passed by Third Additional Sessions Judge, District Purva Niwad in S.T. No. 174 of 2019. His earlier applications were dismissed as withdrawn.

T h e appellant has been convicted for the offence punishable under Section 397 of the IPC and sentenced to 7 years R.I. Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. There are several omissions and contradictions in the statement of prosecution witnesses. He has already

suffered more than half of sentence in jail. He was on bail during trial and did not misuse the liberty granted to him. Final hearing of this appeal would take sufficiently long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that

final hearing of the appeal would take sufficient long time and the appellant did not misuse the liberty of bail granted to him earlier, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, without commenting on the merits of the case, IA No. 974 of 2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing 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 trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant- Chetan @ Sharma after being enlarged on bail shall mark

his presence before the concerned trial Court on 21.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

Vikram

Date: 2023.12.04 14:18:10 +05'30'