Satyam Sharma @ Sainki vs The State Of Madhya Pradesh
2023 Latest Caselaw 4362 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 3845 of 2023
                                           (SATYAM SHARMA @ SAINKI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 20-03-2023
                                   Shri B. J. Chourasiya - Advocate for the appellant.

                                   Shri Anil Upadhyay - Panel Lawyer for the respondent/State.

Call for trial Court record.

Heard on I.A.No.5977/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T h e appellant has been convicted for commission of offence under Section 324 of IPC and has been sentenced to undergo R.I. for 1 year and fine of Rs.10,000/- and under Section 427 of IPC and has been sentenced to undergo R.I. for 3 months and fine of Rs.5000/- with default stipulations by the learned Sessions Judge, Chhatarpur (M.P.) vide judgment dated 04.03.2023 passed in Session Trial No.12/2021 (State of MP Vs. Satyam Sharma and another).

Learned counsel for the appellant has submitted that appellant has been

released on bail till 03.04.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: BIJU BABY Signing time:

3/21/2023 3:26:18 PM

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently,I.A.No.5977/2023 is allowed. The execution of jail sentence of appellant-Satyam Sharma @ Sainki is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to

appear before the trial Court on 11.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

3/21/2023 3:26:18 PM