HEMANT SIKARWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Hheard on I.A. No. 9448 of 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 the appellant. This Criminal Appeal assails the judgment dtd. 30/4/2024 passed by the First Additional Sessions Judge Sablagarh, District Morena in ST No. 89/2023, whereby appellant has convicted under Sec. 436 read with Sec. 511 of IPC and sentenced to undergo three years RI with fine of Rs.5,000.00, with default stipulation. Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without appreciating the evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. The sentence of the appellant has already been suspended by the trial Court till 30/5/2024. Final hearing of the appeal is likely to take time. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant. Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellant.

(2.) Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances of the case and the appeal which is of the year 2024 is not likely to be decided in the near future, this Court is of the view that appellant is entitled to the benefit of suspension of sentence and grant of bail. Accordingly, I.A. No.9448 of 2024 stands allowed and it is directed that the jail sentence of appellant shall remain suspended during pendency of the appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One lakh only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court.

(3.) Appellant is directed to appear before the Registry of this Court first on 24/9/2024 and on other subsequent dates as may be fixed in this behalf. Accordingly, the IA stands allowed and disposed of. Observation on facts, if any, are only for the purpose of deciding the instant IA and shall have no bearing on the merits of appeal. Let record of the trial Court be called for. Certified copy as per rules.