KANTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) Heard on IA No.27099 of 2023, which is the first application under Sec. 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants. Jail sentence of appellants have already been suspended till 21/11/2023.

(3.) Appellants stood convicted under Sec. 326 of the IPC and sentenced to suffer R.I. for one year with fine of Rs.1000.00 (to accused Kanta @ Kamta Prasad) and Sec. 326 read with 34 of IPC and sentences to suffer R.I. for two years with fine of Rs.1000.00 (to accused Dharmendra Kushwaha), respectively with default stipulations vide judgment of conviction and order of sentence dtd. 20/10/2023 passed by Additional Sessions Judge, Goharganj District -Raisen in S.T. No.145 of 2020. Learned counsel for the appellants while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. It is also submitted that the appellants are already on bail till 21/11/2023. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellants for suspension of sentence and grant of bail may be considered. 3.P er contra, Learned Panel Lawyer for the State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellants should not be suspended. Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellants are held entitled for suspension of jail sentence and grant of bail.