Madhya Pradesh High Court
Ramesh Chandra Sharma vs The State Of Madhya Pradesh on 12 July, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1109 of 2023
(RAMESH CHANDRA SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 12-07-2023
Shri Abhishek Arjariya - Advocate for appellant.
Shri Pankaj Raj - Panel Lawyer for State.
Reserved on : 03.07.2023.
Pronounced on : 12.07.2023.
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Arguments of both the counsel for the parties are heard at length.
Judgment and record of the Court below perused.
ORDER
Heard on I.A No.6476/2023, which is first application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf
of the appellant-Ramesh Chandra Sharma.
The appellant has been convicted for offences punishable under Section
420/120-B of IPC and sentenced to undergo R.I. for 3 years with fine of
Rs.1,000/-, Section 467/120-B of IPC and sentenced to undergo R.I. for 7
years with fine of Rs.2,000/-, Section 468/120-B of IPC and sentenced to
undergo R.I. for 3 years with fine of Rs.1,000/- and Section 409 of IPC and
sentenced to undergo R.I. for 7 years with fine of Rs.2,000/- respectively, with
default stipulations.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. He also submits that the trial Court
has not properly appreciated the oral and documentary evidence available on
record and committed error in convicting the appellant for aforesaid offence.
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 7/13/2023
11:14:48 AM
Appellant is in custody and the appeal would take considerable time to
conclude. He is ready to furnish adequate surety and shall abide by the
directions and conditions, which may be imposed by this Court. Hence, it is
prayed that the application for suspension of sentence may be considered.
On the other hand, learned counsel for the State opposes the application
and prays for its rejection.
Considering the over all facts and circumstances of the case and the fact
that the hearing of appeal may take considerable time, I find it to be a fit case to
suspend the jail sentence of the appellant and to release him on bail, therefore,
without commenting on the merit of the case, this application is allowed.
It is directed that on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of the shall
remain suspended and he shall be released on bail for securing his presence
before the trial Court concerned on 22.09.2023 and on such other dates as
may be fixed in this regard during pendency of this appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Nitesh
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 7/13/2023
11:14:48 AM
