Sudhakar Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 28239 MP

Madhya Pradesh High Court

Sudhakar Sharma vs The State Of Madhya Pradesh on 14 October, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                            1                                 CRA-9493-2022
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 9493 of 2022
                                          (SUDHAKAR SHARMA Vs THE STATE OF MADHYA PRADESH )



                          Dated : 14-10-2024
                                Shri R.K.Sharma- Senior Advocate with Ms.Deepa Chauhan and
                          Ms.Bhavya Sharma- Advocates for appellant.
                                Shri Vijay Sundaram- Learned Public Prosecutor for respondent/State.

Heard on IA.No.18644/2024, third repeat application under Section 389 of the Cr.P.C for suspension of sentence and grant of bail filed on behalf

of sole appellant- Sudhakar Sharma. His earlier second application (IA No. 22493/2023) was dismissed as withdrawn vide order dated 03.01.2024.

2. Appellant stands convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulation, v i d e judgment of conviction and order of sentence dated 01.10.2022 passed by Second Additional Sessions Judge, Morena in Sessions Trial No.144 of 2009.

3. It is the submission of learned counsel for appellant that trial Court erred in convicting the appellant and awarding the jail sentence. As per the

allegations, appellants wielded gun at the time of occurrence of incident, however, no weapon has been seized from the possession of present appellant nor any weapon was produced at the time of trial. In fact, allegations regarding other co-accused were also found to be doubtful. Only presence of appellant has been referred. Only single wound gunshot injury was sustained by the deceased Ramnaresh Sharma and no spent bullet was

2 CRA-9493-2022 found from the scene of crime/spot, therefore, allegations were not proved by the prosecution beyond reasonable doubt. He further submits that appellant has suffered around 02 years and 09 months of incarceration as pre and post trial confinement. He has a good case on merits. Hearing of the appeal shall take some time. Therefore, he prays for suspension of sentence and grant of bail to the appellant.

4. Learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

5. Considering the facts and circumstances of the case as well as arguments advanced by counsel for the parties, this Court is inclined to grant suspension of sentence to the appellant. Hence, without commenting on the merits of the case, application is allowed and it is ordered that on furnishing a

personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the jail sentence of appellant shall remain suspended till disposal of this appeal and he be released on bail subject to deposit of fine, if not already deposited. He is further directed to remain present before the Registry of this Court on 16.12.2024 and, thereafter, on such subsequent dates as may be fixed by the Registry.

6. Appellant shall not be source of embarrassment and harassment to the complainant party in any manner and he shall not move in their vicinity. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

7. I.A. No.18644/2024 is allowed and stands disposed of.

3 CRA-9493-2022 8 . Copy of this order be sent to the trial Court concerned for compliance for the office of this Court.

Certified copy as per rules.

                                  (ANAND PATHAK)                              (HIRDESH)
                                      JUDGE                                     JUDGE


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