NANURAM Vs. HEMLA

JUDGEMENT

(1.) Heard on admission. Call for the record. Also heard on IA No.7234/2024 which is first application under Sec. 389 of Cr.P.C. for suspension of jail sentence of appellants No.1 Nanuram, No.2 Kukla, No.3 Madiya and No.4 Hariram. Appellants have been convicted under Ss. 420/120b & 467/120b of IPC and sentenced to undergo RI for 3 years, 3 years and fine of Rs.5000.00, 5000/- with default stipulation. Learned counsel for the appellant submits that the jail sentence of the appellant has already suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

(2.) Learned counsel for the State opposes the prayer and prays for its rejection. On due consideration of the submissions made on behalf of the appellant and looking to the fact that the jail sentence of the appellants has already been suspended by the trial Court and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellants. Accordingly, the IA is allowed.

(3.) The appellants No.1 Nanuram, No.2 Kukla, No.3 Madiya and No.4 Hariram be enlarged on bail on their furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) each with separate solvent surety of the same amount to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 12/8/2024 and thereafter, on such other subsequent dates as may be fixed in that behalf. With the aforesaid, I.A No.7234/2024 stands disposed off. List for admission along with the record.