Madhya Pradesh High Court
Dheeraj Sharma vs The State Of Madhya Pradesh on 16 October, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1617 of 2020
(DHEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 16-10-2023
Shri Sanjay Kumar Kushwaha - Advocate for the appellant.
Shri Gopal Jaiswal - Panel Lawyer for the respondent/State.
Heard on I.A. No.11067/2022, fourth application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the
appeal.
Appellant's first application was dismissed on merit on 26.02.2020.
Second application was dismissed as withdrawn on 14.03.2022 and third
application was dismissed as infructuous on 21.03.2022.
Appellant has been convicted for commission of offence under Sections
148 and 307 r/w 149 of IPC and has been sentenced to undergo R.I. for 01 year
and fine of Rs.1000/-; 07 years R.I. and fine of Rs.4000/-; with default
stipulations vide judgment dated 13.01.2020 delivered by the 3rd Additional
Sessions Judge, District Satna (M.P.) in S.T. No.500062/2013 (State of M.P.
Vs. Mohammad Ali Khan and others).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court
as it has not properly appreciated the evidence on record. It is submitted that
evidence of prosecution witnesses is full of omissions and contradictions and
such omissions and contradictions have not been considered in right
perspective by the learned trial Court. Appellant has already suffered more than
three years and nine months in jail which is more than half sentence awarded to
him. There is no possibility of hearing of this appeal in near future. Therefore, if
Signature Not Verified
Signed by: BIJU BABY
Signing time:
10/17/2023 1:01:55 PM
the execution of jail sentence of appellant is not suspended, the purpose of
filing this appeal would become futile. Therefore, it has been prayed that the
execution of jail sentence of appellant may be suspended and he may be
released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Looking to the period of custody already undergone by the appellant and
the fact that there is no possibility of hearing of this appeal in near future, I am
inclined to suspend the remaining jail sentence of the appellant.
Consequently, I.A. No.11067/2022 is allowed. The execution of jail
sentence of appellant - Dheeraj Sharma is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 20.12.2023 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
10/17/2023 1:01:55 PM
