SANGRAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The appeal is admitted for final hearing. Also heard on I.A No.7877/2023 which is an application under Sec. 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellants. The appellants have been convicted for offence under Sec. 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500.00 each with default stipulations. Learned counsel for the appellants submits that the appellants are innocent and have 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 appellants have been suspended by the Trial Court till 30/4/2023 and during bail they did not misuse the liberty granted to them. 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.

(3.) Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection. In due consideration of the submissions made on behalf of the appellants, on perusal of the record and looking to the fact that the jail sentence of the appellants are already suspended, it would be appropriate to suspend the jail sentence of the appellants.