Hari Sharma vs State Of Madhya Pradesh
2023 Latest Caselaw 2428 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 2282 of 2023
                (HARI SHARMA AND OTHERS Vs STATE OF MADHYA PRADESH)

Dated : 10-02-2023
      Shri B.K.Sharma, learned counsel for the appellants.

      Shri B.M. Shrivastava, learned Public Prosecutor for the State.
      Heard on the question of admission.
      The appeal being arguable is admitted for final hearing.
      Record of the Court below be called for.
      Also heard on I.A.No.2976/2023, an application for suspension of

sentence and grant of bail moved on behalf of the appellants.
      T he trial Court has convicted the appellant No.1 Hari Sharma under
Sections 325 of IPC (on two counts) and sentenced to undergo three years RI
with fine of Rs.3000/- and appellant No.2-Pankaj Sharma under Section 325 of
IPC (on two counts) read with Section 34 of IPC and sentenced to undergo
three years RI with fine of Rs.3,000/- with default stipulation, vide judgment of
conviction and order of sentence dated 31/01/2023 passed in Sessions Trial
No.151/2021 by Sessions Judge, Shivpuri.
      Learned counsel for the appellant submits that appellants are innocent

and have been falsely implicated. The appellants were on bail during trial and
have not misused the liberty granted to them. Learned trial Court has not
appreciated the evidence available on record in right earnest and has committed
error in holding the appellants guilty for the aforesaid offence. The appeal is of
2023. There is no likelihood of hearing of appeal in near future. In view of
aforesaid, learned counsel for the appellants prays for suspension of remaining
jail sentence and grant of bail to the appellants.
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      Learned counsel for the respondent/State has opposed the prayer.

Having considered the rival submissions and nature of allegations alleged against the appellants and also considering the fact that there is no likelihood of hearing of this appeal in the near future, hence in the obtaining facts and circumstances of the case but without expressing any opinion on merits of the case, the application is allowed.

It is directed that jail sentence of the appellants shall remain suspended. It is further directed that subject to depositing the fine amount, if already not deposited, appellants shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with

separate solvent surety each in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 20/04/2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(ROHIT ARYA) JUDGE

yog

YOGESH VERMA 2023.02.11 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'

14:32:00 +05'30'