IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11195 of 2024 (SHUBHAM SHARMA Vs THE STATE OF MADHYA PRADESH )

Dated : 07-04-2025 Shri Pushpendra Dubey - advocate for the appellant.

Shri Vinod Tiwari - Panel Lawyer for State Heard of the question of admission.

Admit.

Also heard on I.A. No.29068/2024, which is an application for suspension of sentence and grant of bail moved on behalf of appellant. Appellant has been convicted under Section 307 of IPC and sentenced to suffer R.I. for 5 years with fine of Rs.5,000/- with default stipulations, under Section 25(1)(B) of Arms Act and sentenced to suffer R.I. for 2 years with fine of Rs.2,000/- with default stipulations & under Section 27 of Arms Act and sentenced to suffer R.I. for 3 years with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submitted that the appellant is innocent and has been falsely implicated in the crime in question. There is material ommission and contradiction in the statement of prosecution witnesses. On the same facts and evidences the Trial court has acquitted two accused persons namely Arun Bairagi and Shubham @ Shubhi whereas present appellant has been convicted. The trial court has given a specific finding that TIP is not reliable. It is also submitted that in this case as per the seizure memo 12 bore katta was seized from the present appellant. Shri Signature Not Verified Signed by: SUSHMA N.L.Rajpoot(PW-11)has stated that he received 315 bore katta. It is further submitted that the Trial Court has not properly appreciated the oral and documentary evidence available on record. Appellant is in jail since 30/08/2024. Fine amount has already been deposited by the appellant. The final disposal of this appeal would take considerable time. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

Learned counsel for State vehemently opposed the prayer for suspension of sentence.

Looking to the facts and circumstances of the case, I find it to be a fit case to suspend the jail sentence of appellant and to release him on bail, therefore, without commenting on the merits of the case, the application of appellant is allowed.

Accordingly, I.A. No.29068/2024 stands allowed and it is directed that the jail sentence of appellant shall remain suspended and he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on

16.05.2025 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL)

JUDGE Signature Not Verified Signed by: SUSHMA S /-

Signature Not Verified