KALICHARAN DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.1381/2024, which is first application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2- Praphull Kumar Dwivedi.

(2.) Appellant No.2 has been convicted and sentenced as mentioned in the impugned judgment dtd. 23/5/2023 passed in ST. No.141/2011 by Vth Additional Session Judge, Waidhen, District Singrauli.

(3.) It is submitted by the counsel for the appellants that the appellant No.2 has been falsely implicated in the case. He has a good case on merits and hope to succeed in the appeal. During trial appellant No.2 remained in custody from 27/5/2011 to 7/3/2012 and is in custody since 23/5/2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant No.2 may be suspended.