GANESH JOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No. 2364 of 2024, first application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

(2.) The appeal has been preferred by the appellant under Sec. 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dtd. 18/1/2024 passed by Special Judge SC/ST (P.A.) Act, 1989, Guna (M.P.) in SST No. 25/2019 whereby, appellant has been convicted and sentenced under Sec. 354(2) of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000.00 with default stipulations.

(3.) Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the jail sentence of the appellant has already been suspended by the trial Court for a period of one month from the date of judgment. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant till record is received.