KRISHNAKANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.25404/2022, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

(2.) Appellants have been convicted for commission of offence under Ss. 323/34 (3 counts), 324/34, 325/34 (2 counts), 326/34 of IPC and have been sentenced to undergo R.I. for 3-3 months and fine of Rs.500.00500/-, R. I. for 3 months and fine of Rs.500.00, R.I. for 1-1 year and fine of Rs.2000.002000/-and R.I. for 1 year and fine of Rs.2000.00 each with default stipulations vide judgment dtd. 23/12/2022 passed in ST No.156/15 by 1st ASJ Gadarwara District Narsinghpur.

(3.) Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 20/1/2023. It is submitted that prosecution had not been successful before the trial Court to prove the case. Trial Court has not properly appreciated the evidence of the prosecution witnesses. Therefore, appellants have a fair chance to succeed in this appeal. Hence, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.