RAJU YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on admission. Appeal is admitted for hearing. Heard on I.A No. 9614 of 2023, an application under Sec. 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants Raju Yadav, Rajjan Yadav, Roshan Yadav and Chaman Yadav arising out of judgment dtd. 19/04/2023 delivered in S.T. No.95/2019 by the Additional Sessions Judge, Pawai, District Panna.

(2.) These appellants have been convicted under Sec. 326/34 of the I.P.C. and sentenced to undergo R.I. for 3 years each with fine of Rs.1,000.00 and under Sec. 323/34 of I.P.C. and sentenced to undergo R.I. for 3 months each with fine of Rs.500.00 with default stipulation. L e a r n e d counsel for the appellants submitted that appellants/applicants are innocent and have been falsely implicated in the crime in question and were on bail during the trial. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellants/applicants.

(3.) Learned Panel Lawyer opposed the prayer for suspension of sentence. Heard learned counsel for the parties. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants Raju, Rajjan Yadav, Roshan Yadav and Chaman. Accordingly, I.A No. 9614 of 2023 is allowed.