Mo. Akaram vs Banshi Dhar Sharma
2023 Latest Caselaw 7606 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          CRA No. 6228 of 2023
                                                 (MO. AKARAM Vs BANSHI DHAR SHARMA AND OTHERS)

                          Dated : 09-05-2023
                                 Shri Pradeep Kumar Shrivastava - Advocate for the appellant.

                                 Shri G.S. Chauhan - Public Prosecutor for the respondents/ State.

I.A. No.8227/2023, an application for exemption to file certified copy of

the impugned order passed by Ist ASJ, Sheopur is taken up, considered and allowed for the reasons mentioned therein.

and I.A. No. 8222/2023, first application u/Sec. 389(3) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Mo. Akram.

This criminal appeal has been filed against the judgment dated 12.04.2023

passed in Criminal Appeal No.95/22 by 1 st Additional Sessions Judge Sheopur (M.P.) whereby the appellant has been convicted under Section 147 of IPC and sentenced to undergo one years' R.I. with fine of Rs.500/-, under Section 148 of IPC and sentenced to undergo one years' R.I. with fine of Rs.500/-, under Section 323/149 of IPC and sentenced to undergo three months' R.I., with

default stipulation.

I t is submitted by counsel for the appellant that appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. It is also submitted that learned trial Court has already suspended jail sentence of the appellant for a period of one month. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/10/2023 9:50:04 AM

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

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 and that learned trial Court has already suspended jail sentence of the appellant for a period of one month, I.A. No.8222/2023 is allowed.

It is therefore, directed that if appellant deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal

Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.8222/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/10/2023 9:50:04 AM