Deepak Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 7787 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                             CRA No. 2527 of 2023
                    (DEEPAK SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023
       Shri S.K.Tiwari, learned counsel for the appellant.

       Shri     Sushant    Tiwari,       learned   Public    Prosecutor   for   the
respondent/State.

Heard on IA.No.8452/23, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vid e judgment dated 02.05.2015 passed in S.T.No.500101/2015 by learned First Additional Sessions Judge, Guna by which appellant has been convicted under Sections 420, 467, 468 of IPC and sentenced to undergo R.I for 7 years of each of offence and Rs.50,000/- fine in each offence, with default stipulation.

I t is submitted by learned counsel for the appellant that the appellant remained in jail during trial for 2085 days and now he is in custody since the date of judgment 26.12.2022. Appellant was on bail during trial and never misused the liberty of bail. He did not misuse the liberty so granted. . Appellant

has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.8452/23, is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing

bail bond of Rs.25,000/- (Rupees Twenty Five 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 22nd December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

mani

SUBAS Digitally signed by SUBASRI MANI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

RI st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900d affef94852390562efcaf7cdb4d94b8fc0 be1414, pseudonym=E7C0C70D17E5C27BC949

MANI 540C564953CAC4239A94, serialNumber=CA216CA75EF9E38C378 5C8BBE6486F7003C0B639E6EA08F81A CF600889A329F3, cn=SUBASRI MANI Date: 2023.05.12 11:30:51 -07'00'