Gyanesh Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 13701 MP

Madhya Pradesh High Court

Gyanesh Sharma vs The State Of Madhya Pradesh on 10 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1768 of 2020
                                             (GYANESH SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                 Shri Daya Ram Sharma- Advocate for the appellant.

                                 Shri Rajeev Upadhyay-Public Prosecutor for respondent/State.

Heard on I.A. No.7400 of 2022, first application under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of the appellant Gyanesh Sharma.

T h e appellant has been convicted for the offence punishable under Sections 396/120B, 307/149 and 225/149, 120B of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/-, ten years RI with fine of Rs.2000/-, 3 years RI with fine of Rs. 2000/-, respectively, with default stipulations v i d e judgment of conviction and order of sentence dated 20.11.2019 passed by Special Judge (M.P.D.V.P.K. Act) Sabalgarh, District Morena in Special ST No.200031/2015.

Learned counsel for the appellant submits that the deceased died due to the gun-shot injury fired by Ravi and apart from that no other accused caused

any injury. He has been convicted merely he was present along with other accused persons in the train. Learned counsel for the appellant further submits that appellant is innocent and has been falsely implicated in the case. This Criminal Appeal is of the year 2020 and there is no likelihood of hearing of this Appeal in near future. Under such circumstances, appellant prays for suspension of sentence and grant of bail.

Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the application.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant. Accordingly, I.A. No.7400 of 2022 stands allowed. The execution of remaining jail sentence of the appellant Gyanesh Sharma is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the

Registry of this Court on 12.08.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A. stands disposed of.

                              (VIVEK RUSIA)                                   (MILIND RAMESH PHADKE)
                                  JUDGE                                                JUDGE

                           (aspr)