RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.5864/2023, which is first application filed on behalf of the appellant for suspension of sentence and grant of bail.

(2.) The appellant has been convicted by the trial Court under Sec. 323/34 of I.P.C. and sentenced to undergo R.I. for 6 months with fine of Rs.1000.00, with default stipulation. Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Maximum sentence awarded to the appellant is six months. The trial Court has already suspended the jail sentence of the appellant till 27/3/2023. There is a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail. Learned Government Advocate has opposed the application.

(3.) Looking to the facts and circumstances of the case, nature of allegation against the appellant and period of jail sentence awarded to him, I find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed. I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.25,000.00 (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Rajkumar shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 18/8/2023 and on such other dates as may be fixed in this regard during pendency of this appeal.