SUBHASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.19002/2023, which is first application under Sec. 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Subhash @ Banti. Appellant stands convicted under Ss. 333 and 506(2) of Indian Penal Code, 1860 and has been sentenced to undergo 03 years RI with fine of Rs.3,000.00 and 06 months RI with fine of Rs.500.00 respectively with usual default stipulation.

(2.) Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the trial Court till 23/01/2024. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal. Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

(3.) Heard learned counsel for the parties and perused the record. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant. Accordingly, I.A.No.19002/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000.00 (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.