MASTRAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Also heard on I.A.No.29768/2023, first application for suspension of sentence and grant of bail filed under Sec. 389(1) of Cr.P.C. on behalf of appellants.

(2.) The appellants have been convicted vide judgment dtd. 8/12/2023 passed by Sessions Judge, Panna in S.T. No.127/2021 and appellant has been found guilty for commission of offence punishable under Sec. 324 of IPC (for appellant No.1) and Sec. 324/34 of IPC (for appellants No.2 and 3) and sentenced him to undergo R.I. for 2 years and to pay fine of Rs.2,000.00 each with default stipulations. Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. Custodial sentence of appellants have already suspended by the trial Court till 5/2/2024. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.

(3.) On the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellants and prays for rejection of said application. Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the appellants and the fact that this appeal is of the year 2023 and according to listing policy the hearing of this appeal will take time and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing entire fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000.00(Rs. Fifty Thousand only) each with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 14/03/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.