Citation : 2023 Latest Caselaw 10031 MP
Judgement Date : 3 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 1640 of 2021
(SANJAY SHARMA @ SANJAY KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 03-07-2023
Shri Awadhesh Pratap Singh Sisodiya, learned counsel for applicants.
Shri Pramod Pachauri, learned counsel for the respondent no.1- State.
Ms. Somya Chaturvedi, learned counsel for the respondent no.2. Heard on IA No.11576 of 2023 , an application for stay of conviction awarded to applicant No.1 Sanjay Sharma alias Sanjay Khan for offence under Section 498-A of IPC.
It is submitted by counsel for the applicant that vide impugned judgment dated 16th of July, 2021 passed by trial Court in Criminal Appeal No.244 of 2015 affirming the judgment dated 25-05-2015 passed by Court of JMFC, Gwalior in Criminal Case No.114 of 2004, the present applicant has been convicted under Section 498-A of IPC and sentenced to undergo one year RI with fine of Rs.500/- with default stipulation. Thereafter, this Court allowed suspension application and vide order dated 31-07-2021 granted bail to the present applicant but due to matrimonial dispute and sentence passed by trial Court, a departmental enquiry has been initiated against applicant and the
applicant has been terminated from service. Therefore, the applicant seeking a direction to stay conviction for the aforesaid offence.
On the other hand, learned counsel for respondent no.2 opposed the application and prayed for its rejection.
Considering the arguments advanced by counsel for the parties, till final disposal of instant criminal revision, the conviction of the present applicant no.1 shall remain stayed.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM
IA stands closed.
Cc as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM
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