RAJESH AWASTHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Trial court record has been received. Appellant's wife is heard on I.A.No.19286/2022, an application under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant Rajesh Awasthi pending the appeal.

(2.) The appellant has been convicted for commission of offence under Sec. 307/34 of IPC and sentenced to undergo for 05 years R.I. and fine of Rs.5000.00 with default stipulation vide judgment dtd. 29/9/2022 passed in S.T.No.25/2011 by Additional Sessions Judge/Special Judge (Electricity Act) Court No.No.8 District Jabalpur. Appellant's wife has submitted that appellant (her husband) has not caused any injury to the injured. The allegation of causing injury which is alleged to be life threatening is against Ganesh Awasthi. The only allegation against the present appellant is that he had exploded "Suarmaar bomb" by throwing the same on wall but in that offence he has been acquitted. He has not caused any life threatening injury. Appellant has fair chance to succeed in appeal. He has already suffered incarceration almost for a period of more than six months. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that appellant be released on bail.

(3.) None is present for the respondent/State.