Rajendra Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 16936 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                        CRA No. 12753 of 2023
                                              (RAJENDRA SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                  Shri Nishant Sharma - Advocate for the appellant.

                                  Shri Dheeraj Budholiya - Panel Lawyer for respondent/State.

Record of the Court below be called.

Heard on I.A. No.18798 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant with an alternative prayer for grant of temporary bail as record has

not been received.

This Criminal Appeal assails the judgment dated 22.09.2023 passed by 17th Additional Sessions Judge, Gwalior (M.P.) in S.T. No.470/2017, whereby appellant has been convicted and sentenced under Section 467, 468, 471 & 120-B of IPC to undergo rigorous imprisonment of three years with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. It is further argued that the trial Court has already suspended the jail

sentence of the appellants for a period of one month. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard.

Considering the arguments advanced by learned counsel for the parties, Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 12-10-2023 12:23:58 PM

without commenting on merits of the case, I.A. No.18798 of 2023is hereby allowed. Subject to depositing of fine amount, if not already deposited, and furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended and he be released on bail for a period of two (2) months from the date of this order.

List the case on 22/11/2023.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 12-10-2023 12:23:58 PM