Kunjbihari Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 1089 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 8452 of 2022
                                    (KUNJBIHARI SHARMA Vs THE STATE OF MADHYA PRADESH)

               Dated : 18-01-2023
                           Shri Sushil Goswami, learned counsel for the appellant.

                           Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on IA.No.15099/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Kunjbihari Sharma.

Allegation against the appellant, who was Secretary of Gram Panchayat Sherpur, is that he along with co-accused Pejram Jatav, who was Sarpanch of the Panchayat, misappropriated Rs.15,16,500/-. Appellant was arrested. After completion of investigation, charge-sheet has been submitted. After trial, appellant has been convicted under Sections 409/34 and 420/34 of IPC with maximum sentence of 7 years RI.

It is submitted by learned counsel for the appellant that he was on bail during trial, but he did not misuse the liberty so granted. During trial, he remained in custody for three months and thereafter from the date of judgment

i.e. 3.9.2022 he is in custody. Co-accused Pejram has been granted benefit of suspension of sentence vide order dated 15.11.2022 passed in Criminal Appeal No.8448/2022. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its Signature Not Verified rejection.

Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.15099/2022 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 2nd May, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM