Madhya Pradesh High Court
Sevadas @ Natthu Sharma vs The State Of Madhya Pradesh on 17 March, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3440 of 2023
(SEVADAS @ NATTHU SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 17-03-2023
Shri Mukesh Pandey - Advocate for the appellant.
Ms. Smita Kehri - Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A No.5391/2023 which is an application under Section
389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.
The appellant has been convicted for offence punishable under Section
304-A of IPC and sentenced to undergo R.I. for two years and fine of
Rs.5000/-, under Section 135(1)(A) of M.P. Electricity Act and sentenced to
undergo RI for two years and fine of Rs.5000/- with default stipulations vide
judgment dated 23.02.2023 passed in ST No. 15/2023 by learned 1st Addl.
Sessions Judge Panna, District Panna.
Learned counsel for the appellant submits that the appellant is innocent
and has been falsely implicated in the matter. The learned trial Court has erred in
not appreciating the fact that there are material omissions and contradictions in
the version of the prosecution witnesses. The jail sentence of the appellant has
been suspended by the Trial Court till 23.03.2023 and during bail he did not
misuse the liberty granted to him. It is further submitted that there is no
likelihood of hearing of appeal in near future. Hence, counsel prayed that
application for suspension of sentence may be allowed.
Signature Not Verified
SAN
Learned Panel Lawyer for the respondent/State on the other hand has
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:43:31 IST
opposed the application and prays for its rejection.
In due consideration of the submissions made on behalf of the appellant,
o n perusal of the record and looking to the fact that the jail sentence of the
appellant is already suspended, it would be appropriate to suspend the jail
sentence of the appellant.
Accordingly, aforesaid I.A No. 5391/2023 filed on behalf of appellant is
allowed and it is directed that subject to deposit of fine amount if already not
deposited and on furnishing personal bond by appellant in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of the learned trial Court, for his regular appearance
before the concerned trial Court, the execution of custodial part of the
remaining sentence imposed against the appellants shall remain suspended, till
the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before
the concerned trial Court on 03.07.2023 and on all such subsequent dates,
which are fixed in this regard by the concerned trial Court.
Let the record of the Court below be requisitioned.
List in due course for final hearing.
Certified copy, as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
Amitabh
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:43:31 IST
