BHERULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.7949/2024, which is an application filed under Sec. 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellants.

(2.) The appellants have been convicted under Ss. 365/511 and 506-II of IPC and sentenced to undergo 3 years R.I. and 2 years R.I. with fine and with default stipulations.

(3.) Learned counsel for the appellants submits that the trial Court has committed an error in appreciating the evidence and convicting the appellants. It is submitted that the sentence of the appellants is already suspended. There is no likelihood final hearing of this appeal. Hence, remaining jail sentence of the appellants may be suspended. 6. Learned counsel for the respondent/State opposes the prayer and prays for its rejection. 7. Considering all the facts and circumstances of the case and looking to the fact that sentence of the appellants is already suspended, I find it to be a fit case to suspend the custodial sentence of the appellants. 8. Accordingly, the application stands allowed and it is directed that the execution of jail sentence awarded to the appellants shall remain suspended till final disposal of the appeal, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000.00 (Rupees fifty thousand) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before Registry of this Court on 17/9/2024 and on such other dates as may be fixed by the Registry in this regard.