KAPIL RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. Appeal is admitted for final hearing. Let record of court below be called for.

(2.) Also heard on I.A. No.29675/2023, this is first application for suspension of sentence and grant of bail filed under Sec. 389(1) of Cr.P.C. on behalf of appellant-Kapil Rai. The appellant has been convicted vide judgment dtd. 08/12/2023 passed by Second Additional Sessions Judge, Sohagpur, District Narmadapuram in Special S.T. No.20/2020 and appellant has been convicted for offence punishable under Ss. 420, 467, 468 and 471 of IPC and sentenced to undergo RI for 2 years, 3 years, 2 years and 1 year and to pay fine of Rs.2,000.00, Rs.4,000.00, Rs.2,000.00 and Rs.1,000.00 for each offence respectively with usual default stipulations.

(3.) Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The custodial sentence of appellant has already been suspended by trial Court till 08/01/2024. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.