Deepak Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8887 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 3788 of 2023
                                             (DEEPAK SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-06-2023
                                 Shri Gagan Sharma - Advocates for the appellant.

                                 Shri Rohit Mishra - Additional Advocate General for the State.

                                 Heard on I.A. No.8450 of 2023, first application under Section 389
                           Cr.P.C. for suspension of sentence and grant of bail to sole appellant - Deepak
                           Sharma.

                                 This Criminal Appeal assails the judgment dated 14.02.2023 passed in
                           S . T . No.500103/2015 by First Additional Sessions Judge, Guna (M.P.)
                           whereby, appellant stood convicted and sentenced under Section 420 of IPC to
                           undergo rigorous imprisonment of Seven Years with fine of Rs.70,000/-, under
                           Section 467 of IPC to undergo rigorous imprisonment of Seven Years with fine
                           of Rs.70,000/-, under Section 468 of IPC to undergo rigorous imprisonment of
                           Seven Years with fine of Rs.70,000/-, with default stipulations.
                                 Learned counsel for the appellant submits that the trial Court has wrongly
                           convicted the appellant without proper appreciation of facts of the case. It is

                           further submitted that appellant has already served five years and eleven months
                           of incarceration as against seven years R.I. awarded. There are lots of
                           contradictions and omissions in the evidence of the prosecution witnesses. The
                           present criminal appeal is likely to take long time to conclude. Hence, prayed to
                           suspend the jail sentence and grant of bail to the appellant.
                                 Per contra, counsel for the respondent/State has vehemently opposed

the application and submitted that the prosecution has proved its case beyond reasonable doubt, therefore, he prayed for rejection of present application. Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-06-2023 04:28:06 PM

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

Considering the arguments rendered by learned counsel for the parties as well as facts and circumstances of the case, without commenting on merits of the case, I.A. No.8450 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant - Deepak Sharma shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the

Office of this Court on 04th of September, 2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-06-2023 04:28:06 PM