ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Call for the record.

(2.) Heard on I.A No. 8180 of 2023 which is an application under Sec. 389(1) of Cr.P.C for suspension of jail sentence of appellant Ashok. The appellant has been convicted under Ss. 354 and 354-A(1) (i) of the IPC and sentenced to undergo 1 years RI with fine of Rs.1000.00on each count with default stipulation. Learned counsel for the appellant submits that after conviction, the sentence of the appellant has already been suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of jail sentence be allowed. Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

(3.) On due consideration of the submissions made on behalf of the appellant and looking to the fact that the jail sentence of the appellant is already suspended and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant.