GIRIRAJ SINGH CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Appeal is admitted for hearing. Also heard on I.A No.7503/2023, which is an application under Sec. 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellants. The appellants have been convicted for offence under Sec. 452 of IPC and sentenced to undergo R.I. for 2 years each with fine of Rs.1,000.00each, Sec. 325/34 of IPC and sentenced to undergo R.I. for 2 years each with fine of Rs.2,000.00 each, with default stipulations each.

(3.) Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The jail sentence of the appellants has been suspended by the trial Court till 25/4/2023 and during bail, the appellants have not misused the liberty so granted. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be allowed. On the other hand, learned counsel for the State opposes the application and prays for its rejection. O n due consideration of the submissions made on behalf of the appellants, on perusal of record and looking to the fact that jail sentence of the appellants is already suspended by the trial Court, this Court is of the opinion that it would be appropriate to suspend the jail sentence of the appellants. Accordingly, I.A filed on behalf of the appellants is allowed.