Sudhakar Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 14510 MP

Madhya Pradesh High Court

Sudhakar Sharma vs The State Of Madhya Pradesh on 16 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 5495 of 2024 (SUDHAKAR SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 16-05-2024

Shri Ravi Dwivedi, learned counsel for the appellant.

Shri Alok Sharma - P.L.-appearing on behalf of Advocate General. Heard on I.A.No. 8908 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellant under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 22.04.2024 passed by Special Judge, Cyber Crime, District Gwalior in S.C. No. 25/2022, whereby appellant has been convicted and sentenced under Section 66-C & 66-D of Information Technology Act and section 204 of IPC to undergo maximum imprisonment of One years with maximum fine of Rs. 1,000/-, with default stipulation.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are

material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that appellant was on bail during trial and did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant till record is received.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty 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- Sudhakar Sharma shall remain temporarily suspended for a period of three months from today and he be released on bail.

List the case on 03.7.2024.

Meanwhile, Registry is directed to call the record of the Court below.

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

Durgekar