Citation : 2023 Latest Caselaw 5252 MP
Judgement Date : 29 March, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6646 of 2022
(VISHNU SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 29-03-2023
Shri Nitin Sharma - learned counsel for the appellant.
Shri Ravindra Singh - learned Dy. Advocate General for the
respondent/State.
Heard on I.A. No.458/2023 which is the first application for suspension of sentence and grant of bail on the ground of 50% of sentence having already
been served by the appellant -Vishnu Sharm.
The maximum sentence as imposed upon the appellant is 5 years' RI for the offence under the POCSO Act. Learned counsel for the appellant has drawn attention of this Court to paragraph 61 of the trial Court's judgment which reveals that the appellant has been in judicial custody from 22-02-2020 till the date of judgment of trial Court on 04-02-2022 and thereafter continued to remain in jail as convict.
Under the circumstances, the appellant has completed little more than 3 years till date which is more than 50% of the maximum sentence imposed
upon him by the trial Court. As appeal is unlikely to be heard and decided in near future and appeal would be rendered infructuous if jail sentence of appellant is not suspended, I.A. No.458/2023 is allowed. It is directed that the appellant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.
C.C. as per rules.
Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 31-Mar-23 10:59:54 AM
(ATUL SREEDHARAN) JUDGE Anil*
Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 31-Mar-23 10:59:54 AM
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