Sonu Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8478 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 2190 of 2022
                                               (SONU SHARMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                   Shri Vinod Kumar Sharma - Advocate for the appellant.

                                   Shri Rajendra Singh Yadav - Public Prosecutor for the respondent/

State.

Heard on I.A. No. 141 of 2023, which is an application filed under Section 389(3) Cr.P.C. for suspension of sentence and grant of bail by sole appellant - Sonu Sharma.

This Criminal Appeal assails the judgment dated 03.02.2022 passed in Special Case No. 77/2017 by Special Judge, M.P.D.V.P.K. Act, Gwalior(M.P.) whereby, appellant stood convicted under Section 392 r/w Section 11/13 of MPDVPK Act and sentenced him to undergo RI for 4 years with a fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further argued that the witnesses of memorandum and seizure have not supported the prosecution case. TIP was conducted after a delay of one

month. The proper procedure has not been followed while conducting the TIP. He further submits that the appellant has served fifteen months of incarceration out of total jail sentence of four years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/14/2023 5:12:51 PM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 141 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant - Sonu Sharma shall remain suspended till final disposal of this appeal and he be released on bail. The appellant is further directed to mark his appearance before the Office

of this Court on 31/08/2023 and on other subsequent dates given by the Office in this regard.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/14/2023 5:12:51 PM