KHALIL UR REHMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Call for trial Court record. Heard on I.A.No.16029/2023, an application under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

(2.) The appellants have been convicted for commission of offence under Ss. 420 (on 2 counts), 468 (on 2 counts) and 120B of IPC and have been sentenced to R.I. for 03 years for each offence and fine of Rs.5000.00 for each offence on each counts with default stipulations, by the learned 3rd Additional Sessions Judge, Bhopal vide judgment dtd. 21/6/2023 passed in S.T. No.599/2008 (State of M.P. Vs. Ganesh Kumar Iyer and others). Learned counsel for the appellants has submitted that appellants have been released on bail till 20/7/2023 by the trial Court itself. During trial, they were on bail and they have not misused the liberty granted to them b y way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

(3.) On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants. Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.