SANJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Let record of the trial court be called for. Heard on I.A. No. 5043/2024, which is first application under Sec. 389 (1) Cr.P.C. for suspension of sentence and grant of bail to the appellants. After arguing for some time, learned counsel for the appellants orally prays for temporary suspension of sentence of the appellants since record of the trial court has yet not been received. Prayer is considered. This Criminal Appeal under Sec. 374 (2) of Cr.P.C., 1973 assails the judgment dtd. 13/2/2024 passed by the Special Judge SC/ST (Atrocities) Act, Datia (M.P.) in S.S.T. No. 51/2021, whereby, appellants have been convicted under Ss. 323, 325/34 of IPC and Sec. 3(2)(5-A) of SC/ST Act and sentenced him to undergo maximum one year imprisonment with maximum fine of Rs.1,000.00 with default stipulation.

(2.) Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellants without appreciating the evidence properly available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. The sentence of the appellants have already been suspended by the trial court for a limited period. Therefore, learned counsel for appellants at this stage orally prays for grant of temporary suspension of sentence and grant of bail for a limited period. Heard learned counsel for the appellant and perused the materials available on record. Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 5043/2024 is considered to the extent of temporary suspension of sentence for a period of two months. Accordingly, it is directed that appellants be released on temporary bail for a period of two months from the date of his release on their furnishing a personal bond to the tune of Rs.50,000.00(Rupees Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court.

(3.) Temporary bail is given only for two months and the appellants shall have to surrender on completion of the period of two months before the trial Court and the trial Court shall submit surrender report in this regard before this Court on the next date of hearing. List the case for hearing on I.A. No. 5043/2024 on 22/4/2024. Certified copy/ e-copy as per rules/directions.