GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No. 3418 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. The appeal has been preferred by the appellant under Sec. 374 of Cr.P.C. against the impugned judgment of conviction and sentence dtd. 27/1/2024 passed by 2nd Additional Judge, Basoda, District Vidisha to the Court of first Additional Sessions Judge, Basoda in ST No.71/2020 whereby appellant has been convicted and sentenced under Sec. 333 of IPC to undergo rigorous imprisonment of one years with fine of Rs.3,000.00 with default stipulation.

(2.) 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 appellant was on bail during trial and he did not misuse the liberty so granted. 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. On the other hand, learned State counsel opposed the application and prayed for rejection of the same. Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of two months from today and he be released on bail.

(3.) List the case on 5/3/2024. Meanwhile, Registry is directed to call the record of the Court below. A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.