Ramkishor Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8971 MP

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    IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                          CRA-6628-2023
    (RAMKISHORE SHARMA Vs . STATE OF MADHYA PRADESH)

DATED:- 16-06-2023

      Shri Prem Singh Bhadauriya- Advocate for the appellant.
      Shri Rajendra Singh Yadav- Public Prosecutor for the
respondent/State.

Heard on I.A. No.8816/2023 which is the first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant- Ramkishore Sharma.

This appeal has been preferred against the judgment dated 04/05/2023 passed by Second Additional Session Judge, District- Bhind (M.P.) in S.T. No. 300320/2015, whereby the appellants has been convicted and sentenced as under:-

          Section             Sentence    Fine (Rs.)      Default
                                                        Stipulation
        148 of IPC           1 Year RI       500/-      10 days' RI
      307/149 of IPC         5 Years RI     2000/-      1 month RI
 353/149 of IPC (6 counts) 6 Months RI       500/-      10 days' RI
    506 Part- II of IPC       1 Year RI      500/-      10 days' RI

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. Appellant is the permanent resident of District- Bhind (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under

these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.8816/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and appellant shall be released on bail.

I.A. No.8816/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR

rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F

PARIHAR D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.06.16 19:16:16 +05'30'