KALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. Admit. Let record of court below be called for. Also heard o n I.A. No.23765/2023, this is the first application for suspension of sentence and grant of bail filed under Sec. 389(1) of Cr.P.C. on behalf of appellant.

(2.) The appellant has been convicted vide judgment dtd. 01/09/2023 passed by Second Additional Sessions Judge, Khurai District Sagar in S.T. No. 59/2019 for the offence punishable under Sec. 325 of IPC and sentenced to undergo RI for 1 year years and 6 months with fine o f Rs.1,000.00 with usual default stipulations. Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 12/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal. O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

(3.) Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellants till 12/10/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000.00 (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 18/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal. List the matter for final hearing in due course. Certified copy as per rules.