Madhya Pradesh High Court
Naresh Sharma vs The State Of Madhya Pradesh on 3 March, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6540 of 2022 (NARESH SHARMA Vs THE STATE OF MADHYA PRADESH) Dated : 03-03-2023 Shri Sanjay Gupta, learned counsel for appellant.
Shri B.M. Shrivastava, learned Public Prosecutor for State. Heard on I.A.No.882/2023, second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Naresh Sharma after dismissal of earlier one as withdrawn by order dated 13.09.2022 by the coordinate Bench.
This criminal appeal has been filed against the judgment dated 18.07.2022 passed in ST No. 200210/14 by First Additional Sessions Judge Ganjbasoda (M.P.) whereby the appellant has been convicted for the offence punishable under Section 420/120B of IPC and sentenced to undergo 3 years R.I. with fine of Rs. 50,000/-, under Section 467/120B of IPC and sentenced to undergo 5 years R.I. with fine of Rs. 25,000/-, under Section 468/120B of IPC and sentenced to undergo 5 years R.I. with fine of Rs. 25,000/- and under Section 471/120B of IPC and sentenced to undergo 1 year R.I. with default stipulation.
T h e allegation against the appellant is that he showed the land to Dharmendra Yadav and received earnest money of Rs.11,000/- from him.
It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to them. Fine amount has been deposited by him. The appellant has suffered incarceration of more than seven and a half months. Appeal is of the year 2022 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.
Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/4/2023 11:07:17 AM 2On 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.No.882/2023 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 the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 22nd August, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to the appellant shall remain suspended till further orders and he shall be released on bail.
Application I.A.No.882/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/4/2023 11:07:17 AM