RADHESHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.16426/2023, which is first application filed under Sec. 389(1) of Cr.P.C., 1973 for suspension of jail sentence and grant of bail moved on behalf of appellants - Radheshyam and Lekin @ Lakhan.

(2.) Learned trial Court has convicted the appellants under Ss. 323/34 and 435 of IPC and sentenced them to undergo RI for 03 months with fine of Rs.500.00 and RI for 02 years with fine of Rs.5,000.00 each respectively with default stipulations vide judgement of conviction and order of sentence dtd. 26/9/2023 passed by the 2nd Additional Sessions Judge, Sarangpur, District Rajgarh in S.T. No.43/2021.

(3.) Learned counsel for the appellants submits that appellants are innocent and they have falsely been implicated in the matter and their jail sentence has already been suspended by the trial Court till 26/10/2023. There is no likelihood of hearing of this appeal in near future. Hence, prays that application for suspension of jail sentence be allowed.