DHARMENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Also heard on I.A No.7867/2023 which is an application under Sec. 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant. The appellant has been convicted for offence under Sec. 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500.00 and under Sec. 326 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.3,000.00 with default stipulations.

(2.) Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of the appellant has been suspended by the Trial Court till 2/5/2023 and during bail he did not misuse the liberty granted to him. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence may be allowed. Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

(3.) In due consideration of the submissions made on behalf of the appellant, o n perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.