SONARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. Appeal is admitted for final hearing. Also heard on IA No.10420/2023, an application filed under Sec. 389 of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

(2.) This criminal appeal is directed against the judgment dtd. 27/06/2023 passed in S.T. No.76/2021 by the Sessions Judge, Shajapur whereby the appellant has been convicted under Sec. 304 Part-II of IPC and sentenced to undergo R.I. for three years with fine of Rs.10,000.00 with usual default stipulation. Learned counsel for the appellant submitted that the trial Court has erred in appreciating the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted to him. The appellant is permanent resident of District-Shajapur. There are fair chances of success of this appeal. The appellant is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of jail sentence is made.

(3.) The prayer is opposed by learned Public Prosecutor. Heard. Taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, IA No.10420/2023 is allowed and jail sentence of the appellant shall remain suspended.