Pramod Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 15817 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 10044 of 2023
                                            (PRAMOD SHARMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-09-2023
                                Mr. Lalta Prasad Shrivastava, Advocate for the appellant.

                                Mr. P.P.S. Bazeeta, Dy. Public Prosecutor for the respondent - State.

Mr. Mayaram Lodhi, Advocate for the complainant. I.A. No. 16757 of 2032, an application under Section 301 (2) of CrPC filed on behalf of the complainant, is taken up, considered and allowed for the reasons mentioned therein.

Mr. Mayaram Lodhi, Advocate and his associates are permitted to appear on behalf of the complainant to assist the State counsel in the prosecution of this appeal.

Admit.

Heard on I.A. No. 14618 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.

This Criminal Appeal assails the judgment dated 24.7.2023 passed by Special Judge (Cyber Crime), Gwalior (M.P.) in Special Sessions Trial No.

106/2019, whereby appellant has been convicted and sentenced under Section 67-A of I.T. Act to undergo simple imprisonment of eighteen months with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. The FIR was lodged on account of some Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/25/2023 10:42:50 PM

misunderstanding and parties have settled their dispute which is evident from the observation of the trial Court at para 4 of the impugned judgment. Further argument is that appellant has already served one month of incarceration. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

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

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No. 14618 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five 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 suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 13.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/25/2023 10:42:50 PM