Onkar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 74 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 2161 of 2019
                   (ONKAR SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 02-01-2023
      Shri R.K. Sharma-Senior Advocate with Shri V.K. Agrawal, Advocate

for appellant.
      Ms. Anjali Gyanani-Public Prosecutor for respondent/State.

Ms. Sangeeta Pachauri-Advocate for respondent/complainant. Heard on IA.18792/2022, sixth repeat application for grant of temporary suspension of sentence under Section 389 (1) of Cr.P.C moved on behalf of

sole appellant on the medical ground.

Appellant has been convicted under section 147 of IPC and sentenced to suffer one year's R.I. with fine of Rs.1000/-, under section 148 of IPC and sentenced to suffer two years' R.I. with fine of Rs.2000/- & under Section 302 read with 149 of IPC and sentenced to suffer life imprisonment with fine of Rs.5000/- with default stipulations vide judgment dated 20/02/2019 passed in Sessions Trial No.362/2010 by Third Additional Additional Sessions Judge, Gwalior.

As per the medical/health status report dated 30/12/2022 received from

the office of Superintendent, Central Jail, Gwalior, the appellant suffers from heart ailment for which specialized treatment is not available in the Jail Hospital, therefore, he has been released on parole on 21/12/2022.

Learned senior counsel for appellant submits that during this period an Emergency Certificate has also been issued by the Medical Superintendent, CHS Apple Hospital, Gwalior that appellant was rushed to emergency cardio respiratory failure with miner attack and he was admitted on 31/12/2022. He is

under treatment.

Ms. Anjali Gyanani, learned Public Prosecutor for respondent/State and Ms. Sangeeta Pachauri, learned counsel for complainant oppose the application with submission that regard being had to the medical report on record, there is no specific heart ailment indicated and therefore, looking to the gravity of offence and degree of involvement of the appellant, no interference is warranted in the matter of temporary suspension of sentence.

Having heard counsel for parties, in obtaining facts and circumstances, this Court is inclined to grant temporary suspension of sentence for four (4) weeks facilitating recovery and improve health condition.

I t is directed that the jail sentence of appellant - Onkar Sharma shall remain suspended temporarily for four (4) weeks i.e. from 03/01/2023 to 03/02/2023. Accordingly, he be released on bail on his furnishing a 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 the trial Court.

Appellant is directed to surrender before the trial Court on 04/02/2023 under intimation to the Registry of this Court through his counsel.

Learned Dy. Additional Advocate General shall inform to all the concerned including the concerned jail authorities for information and necessary action.

IA.18792/2022 stands allowed and closed.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

List this case after four weeks to verify the factum of surrender by appellant.

E- certified copy as per rules.

       (ROHIT ARYA)       (SATYENDRA KUMAR SINGH)
          JUDGE                    JUDGE

  (Dubey)




SUNEEL
DUBEY
2023.01.02
16:50:21
+05'30'