Shaym Bihari Mishra vs The State Of Madhya Pradesh
2024 Latest Caselaw 21300 MP

Madhya Pradesh High Court

Shaym Bihari Mishra vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                               CRA-4539-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 4539 of 2024

(SHAYM BIHARI MISHRA Vs THE STATE OF MADHYA PRADESH )

Dated : 06-08-2024 Shri Ram Bihari Gautam - Advocate for the appellant. Shri Manas Mani Verma - Government Advocate for the State.

Heard on I.A. No. 8632/2024 , which is an application under Section 389 (1) of Cr.P.C., for suspension of sentence and grant of bail to appellant - Shyam Bihari Mishra.

This appeal is filed being aggrieved of judgment dated 15/03/2024

passed by learned 1st Additional Sessions Judge, Nagod, District Satna in Sessions Trial No. 269/2019 whereby appellant has been convicted under Section 212 of IPC and sentenced to undergo 5 years RI along with fine of Rs.25000/- with default stipulation of six months additional RI and Section 3/25(1-B)A of Arms Act and sentenced to undergo 3 years RI along with fine of Rs.10,000/- with default stipulation of three months additional RI.

It is submitted by learned counsel for the appellant that the only allegation on the appellant is that he had kept the arms used by co-accused Banti @ Shivansh Tripathi to give effect to the incident. It is further submitted that the appellant is innocent and has been falsely implicated. He was in custody from 14/06/2019 to 6/11/2019 and then from the date of the judgment. There are good chances of success in the appeal. There is no material to connect the appellant with the memorandum Ex. P-19. There is no criminal history of the appellant. Hence, prayer is made to grant bail to

2 CRA-4539-2024 the appellant.

Shri Manas Mani Verma, learned Government Advocate, on the other hand, opposes the prayer.

Taking all these facts into consideration, without commenting on the merits of the case, the application for suspension of sentence is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon appellant shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A. No. 8632/2024 is allowed and disposed of.

Certified copy as per rules.

                                  (VIVEK AGARWAL)                           (AVANINDRA KUMAR SINGH)
                                       JUDGE                                         JUDGE


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