LAWS(MPH)-2023-4-88

MANJU Vs. STATE OF MADHYA PRADESH

Decided On April 28, 2023
MANJU Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard on I.A.No.9285/2023, an application under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

(2.) T he appellant has been convicted for commission of offence under Sec. 326 and 324 of IPC and has been sentenced to R.I. for 02 years, and fine of Rs.2000.00 with default stipulations by the learned 1st Additional Sessions Judge, Bijawar to Additional Judge, Bijawar, District Chhatarpur (M.P.) vide judgment dtd. 10/4/2023 passed in Sessions Trial No.38/2017 (State of M.P. Vs. Manju @ Arvindra Pateriya).

(3.) Learned counsel for the appellant has submitted that appellant has been released on bail till 10/5/2023 by the trial Court itself. During trial, he was on bail and he has not misused the liberty granted to him b y way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.