Bhura @ Ramjilal Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 3816 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 9222 of 2022
                                     (BHURA @ RAMJILAL SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-03-2023
                                    Mr. Atul Gupta, learned counsel for the appellants.

                                    Mr. Dheeraj Kumar Budholiya - learned Panel Lawyer for respondent/

State.

Heard on I.A. No. 3892 of 2023, third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant No.10-Mahesh Kumar Sharma. His earlier applications were dismissed as

withdrawn vide orders dated 18.11.2022 (I.A No.17272/2022) and 09.01.2023 (I.A. No.18100/2022).

This Criminal Appeal assails the judgment dated 27.09.2022 passed in Sessions Trial No. 104/2014 by III Additional Sessions Judge, Jaura, District Morena (M.P.) whereby, appellant stood convicted under Sections 148 and 307/149 (two counts) of the IPC and sentenced him to undergo 2 years RI and 10 years RI with a fine of Rs.1,000/- and Rs.3000/- respectively 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. He further submits that the appellant has served more than six and half months of incarceration. There are material omission and contradictions in the statements of prosecution witnesses. It is further submitted that injured namely Jagdish and Bhagirath have already entered into compromise with the present appellant-accused which has already been verified by the Registry of this Court. Present criminal appeal is likely to take long time to conclude. Hence, prayed to Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 3/3/2023 5:42:23 PM

suspend the jail sentence and grant of bail to appellant- Rajesh Sharma.

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

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. 3892 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 a solvent surety of the like amount to the satisfaction of the concerned trial

Court, the remaining jail sentence of appellant No. 10 - Mahesh Kumar Sharma shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 19/04/2023 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 3/3/2023 5:42:23 PM