Citation : 2023 Latest Caselaw 1985 MP
Judgement Date : 3 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6786 of 2021
(RAJU SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-02-2023
Shri Pradeep Katare- Advocate for the appellants.
Dr. Anjali Gyanan-Public Prosecutor for the respondent/State.
Shri Harshit Sharma-Advocate for the complainant.
IA.2211 of 2023, an application for interim suspension of sentence and grant of bail filed on behalf of appellant No.2-Manoj Sharma.
Appellant No.2-Manoj Sharma has been convicted under Sections 148, 307/149 and 302/149 IPC and sentenced to undergo RI for 01 year with a fine of Rs.1,000/-, rigorous imprisonment for five years with a fine of Rs.3,000/- and imprisonment for life with a fine of Rs.5,000/- with default stipulations vide judgment of conviction and order of sentence dated 14.09.2021 passed by IV Additional Sessions Judge, District Bhind (M.P.) in Sessions Trial No.300216/2012.
The instant I.A. has been filed o n the ground that the marriage of son (Alok @ Golu) of appellant No.2-Manoj Sharma is going to the solemnized on
08.02.2023 Learned Public Prosecutor has verified the factum of marriage and placed on record the documents in that regard.
Considering the above but without commenting upon the merits of the case, this Court is of the view that the I.A. deserves to be allowed. It is, accordingly, directed that execution of jail sentence of appellant No.2-Manoj Sharma shall remain suspended temporarily and he shall be released on temporary bail on 04.02.2023 subject to his furnishing personal bond in the sum Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/3/2023 6:58:04 PM
of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the C.J.M. Bhind (M.P.).
Appellant No.2-Manoj Sharma shall surrender before the C.J.M. Bhind (M.P.) on 13.02.2023 for being committed to custody for undergoing the remaining jail sentence as awarded by the trial Court.
A copy of the order be forwarded to the C.J.M. Bhind (M.P.) with a direction to send a report to this Court regarding surrender of appellant No.2- Manoj Sharma.
Accordingly, IA.2211 of 2023 stands allowed and closed. List in the week commencing 13th February, 2023.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/3/2023
6:58:04 PM
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