Madhya Pradesh High Court
Ankush Sharma vs The State Of Madhya Pradesh on 6 June, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Revision No.2880/2024
(Ankush Sharma vs. The State of M.P.)
Gwalior, dated :06.06.2024
Shri V.K.Jha, - Advocate for the petitioner.
Shri Sushant Tiwari - Public Prosecutor for respondent/State.
I.A.No.11514 of 2024, an application for urgent hearing, is taken
up, considered and allowed for the reasons mentioned therein.
The revision being arguable is admitted for final hearing.
Record of the Courts below be called.
Also, heard on I.A.No.11519 of 2024, first application under
Section 397 (1) of CrPC for suspension of jail sentence and grant of bail
to the petitioner - Ankush Sharma.
2. This criminal revision has been filed against the judgment dated
31.05.2024 passed by the Third Additional Sessions Judge, Morena in
Criminal Appeal No.117 of 2022 affirming the judgment of conviction
and sentence dated 26.07.2022 passed by Chief Judicial Magistrate,
Morena in Criminal Case No.1000804 of 2012, by which the petitioner
has been convicted as under:
SECTION IMPRISONME FINE
NT
Ankush 419/120-B of 02 years Rs.1,000/- with
Sharma IPC default
stipulation
120-B of IPC 02 years Rs.1,000/- with
default
stipulation
3. It is the submission of learned counsel for the petitioner that trial
Court erred in convicting the petitioner and awarding jail sentence
without appreciating the evidence and material available on record. It is
further submitted that petitioner has suffered sufficient period of custody
out of his total jail sentence. At present petitioner is 32 years of age and
hearing of revision shall take some time. He has good case on merits.
Fine amount has already been deposited. He undertakes to abide by the
terms and conditions as imposed by this Court. Learned counsel for the
petitioner further stated that in the connected matters vide
CRR.2882/2024, CRR.No.2881/2024 and CRR.No.2848/2024 which
have arisen out of same judgment dated 31.05.2024, learned coordinate
Bench of this Court has given benefit of grant of suspension of remaining
jail sentence to the all accused persons therefore, he seeks parity with the
same. Hence, bail /suspension may be granted to the petitioner.
4. Learned Public Prosecutor for respondent/State opposed the
prayer and prayed for dismissal.
5. Heard the counsel for the parties at length and considered the
arguments advanced by them.
6. Considering the submissions and the arguments advanced by
counsel for the parties as well as taking into consideration the aforesaid
statement of counsel for the petitioner, without commenting on the merits
of the case as there is no possibility of early hearing of this criminal
revision before this Court, hence, I.A. No.11519/2024 is allowed.
Petitioner be released on bail on furnishing a personal bond of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the
like amount to the satisfaction of the concerned trial Court, petitioner's
jail sentence shall remain suspended till disposal of this revision.
Petitioner is further directed to remain present before the Registry of this
Court on 29.08.2024 and, thereafter, on such subsequent dates as may be
fixed by the Registry.
7. A copy of this order be sent to the trial Court concerned for
compliance and information.
8. Certified copy as per rules/directions.
9. List the matter for final hearing in due course.
(DWARKA DHESH BANSAL)
V. JUDGE
Ashish*
ASHISH
CHAURASI
A
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR,
2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08c6b
b9303e52e2e7e728d9bac85bd3, postalCode=474001,
st=Madhya Pradesh,
serialNumber=A926F3CBF979ECA6A4C477577EEDBA3A
B4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH
CHAURASIA
Date: 2024.06.06 23:08:23 -07'00'
