Santkumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8497 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          CRA No. 290 of 2023
                                           (SANTKUMAR SHARMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                  Shri MM Tripathi, learned counsel for the appellant.

                                  Shri Pramod Pachauri, learned counsel for the respondent- State.

Heard on IA 3557 of 2023, first application under Section 389(1) of CrPC filed on behalf of appellant for suspension of jail sentence and grant of bail.

Vid e judgment dated 9th December, 2022 passed by 4th Additional

Sessions Judge, Bhind in Sessions Trial No.181 of 2013 the appellant has been convicted under Sections 420, 467,468, 471 of IPC and sentenced to undergo five years RI with fine of Rs.5,000/-, five years RI with fine of Rs. 5,000/- five years RI with fine of Rs. 5,000/- and two years RI with fine of Rs.2,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the learned trial Court has committed an error in convicting and sentencing the present appellant for the alleged offences. There are material contradictions and omissions in the evidence of the prosecution witnesses. The appellant remained in custody for a

period of four months one day during trial and from the date of judgment, he is in custody. Fine amount has already been deposited by the appellant. Final disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM

parties and the fact that early hearing of this case is not possible, I.A. is allowed. It is therefore, directed that if appellant deposits entire fine amount, if not already deposited, and furnishes a personal bond in the sum 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 appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the Office in this regard, sentence of imprisonment awarded to him shall remain suspended till disposal of this appeal and he shall be released on bail.

IA is allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM