BANTI GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. Being arguable, the appeal is admitted for final hearing.

(2.) Also heard on IA No. 14193/2023, first application under Sec. 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of sentence and grant of bail. Appellant stands convicted under Ss. 379, 467, 468 and 420 of IPC and sentenced to undergo two years with fine of Rs.1000.00, three years with fine of Rs.2000.00, three years with fine of Rs.2000.00 and three years with fine of Rs.1000.00 respectively with default stipulation vide judgment of conviction and sentence dtd. 14/07/2023 passed by I Additional Sessions Judge, Sevdha, district Datia (M.P.) in Sessions Trial No.31/2018.

(3.) Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentences of appellant was suspended by learned trial Court, under Sec. 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. Presently, he is on bail. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and they may be enlarged on bail. Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.