Mithun Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 7779 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 6173 of 2021
                                        (MITHUN SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                Shri Sanjay Gupta and Shri Susheel Goswami-Advocates for

                          appellants.
                                Shri     Pavan      Singh     Raghuvanshi-       Public    Prosecutor   for
                          respondent/State.

Shri Harshit Sharma- Advocate for the complainant.

Heard on I.A. No.2897 of 2023, an application seeking temporary suspension of sentence moved on behalf of appellant No.1-Mithun Sharma on the premise that mother of appellant is suffering from Hernia.

Appellant No.1-Mithun Sharma stood convicted under Section 148, 307/149 and 302/149 and sentenced to undergo RI for one year with a fine of Rs.1,000/-, RI for five years with a fine of Rs.3,000/- and imprisonment for life with a fine of Rs.5,000/-, with default stipulations vide judgment of conviction and order of sentence dated 14.09.2021 passed by IV Additional Sessions Judge, District Bhind (M.P.) in ST No.300216/2012.

Up o n consideration of submissions advanced by learned counsel for parties, regard being had to the nature and gravity of offence committed by appellant No.1-Mithun Sharma as found by the trial Court in Para 86 of the impugned judgment and the period of incarceration of appellant No.1-Mithun Sharma being only one year and 10 months' as evident from the report dated 29.03.2023 submitted by the Jail Superintendent, Central Jail, Gwalior (M.P.) in compliance of the order dated 24.03.2023, no case is made out for grant of temporary suspension of sentence.

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 5/11/2023 8:44:28 PM

Accordingly, I.A. No.2897 of 2023 stands rejected.

                               (ROHIT ARYA)                             (MILIND RAMESH PHADKE)
                                  JUDGE                                          JUDGE

                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 5/11/2023
8:44:28 PM