Madhya Pradesh High Court
Deepak Sharma vs The State Of Madhya Pradesh on 14 June, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3811 of 2023
(DEEPAK SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 14-06-2023
Shri Gagan Sharma, learned counsel for the appellant.
Ms. Kalpana Parmar, learned counsel for the respondent - State.
Heard on I.A.No.8432 of 2023, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Deepak Sharma.
Vid e judgment dated 30th January, 2023 passed by First Additional Sessions Judge, Guna, in Sessions Trial No. 500102 of 2015, appellant has been convicted under Sections 420, 467, 468 of IPC and sentenced to undergo RI of seven years with fine of Rs. 60,000/- for offence under Section 420 of IPC, seven years RI with fine of Rs.60,000/- for offence under Section 467 of IPC and seven years RI with fine of Rs. 60,000/- for offence under Section 468 of IPC with default stipulations.
Allegation against the present appellant is of committing forgery by means of fraudulent manner with the students.
It is submitted by counsel for the appellant that the appellant has been falsely implicated. The learned trial Court has committed an error in convicting and sentencing the present appellant. The appellant remained in custody during trial for a period of 2091 days and from the date of passing of judgment, he is in custody. He was on bail during trial and did not misuse the liberty so granted to him. The appellant has already deposited the fine amount and final disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/15/2023 11:39:43 AM 2O n the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I A is allowed. It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 6th November, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
IA is allowed and disposed of.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/15/2023 11:39:43 AM