KAILASH JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on admission. Admit. Let the record of the trial Court be requisitioned.

(2.) Heard on IA No.24597/2023, which is first application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Kailash Jatav. Applicant has been convicted under Sec. 459, 323 and 325/34 of IPC and sentenced to undergo RI for 3 years with fine of Rs.500.00, RI for 1 year with fine of Rs.200.00 and RI for 3 years with fine Rs.500.00 for respective offences with default stipulation vide judgment dtd. 14/9/2023 passed in ST No.925/2019 by VIII ASJ, District Bhopal.

(3.) It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. There is no direct or indirect evidence against the applicant and trial Court has committed error of law in convicting the applicant. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended. Learned counsel for the State has supported the impugned judgment and opposed the application.