RAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.4599/2023, which is FIRST application filed under Sec. 389 (1) of Code of Criminal Procedure, 1973 on behalf of appellant No.1 Ravi S/o Shri Radheshyam Mali, appellant No.2 Radheshyam S/o Shri Bondar Mali and appellant No.3 Akku @ Hemant S/o Shri Radheshyam Mali for grant of bail and suspension of remaining jail sentence.

(2.) Third Additional Sessions Judge, Khargone (West Nimar) MP in Sessions Trial No.63/2021 has convicted the appellants for offence under Ss. 323/34 (on two counts) and 325/34 of Indian Penal Code, 1860 and sentenced to undergo six-six months rigorous imprisonment and fine of Rs.500.00 Rs.500.00 and three years rigorous imprisonment and fine of Rs.2,000.00along with default stipulation respectively.

(3.) Learned counsel for the appellants contended that the appellants are innocent and have been falsely implicated in this offence. After passing the judgment, their jail sentence has been suspended by the trial Court itself till 17/4/2023. During trial, they remained on bail and had not misused the liberty granted to them. There is material contradictions and omissions in the statement of the prosecution witnesses. There is strong case in their favour. Final hearing of the appeal will take considerable long time. Under these circumstances, counsel for the appellants prays that the application be allowed and the remaining jail sentence of the appellants be suspended till final disposal of the appeal.