AISHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Call for the trial Court record. Heard o n I.A. No.6231/2024, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant. Appellant has been convicted for commission of offence under Sec. 325 of IPC and has been sentenced to undergo R.I. for 02 years and fine of Rs.1000.00 with default stipulations vide judgment dtd. 28/2/2024 delivered by 2nd Additional Sessions Judge, Waraseoni, District Balaghat (M.P.), in S.T. No.231/2021 (State of M.P. Vs. Aishanlal).

(2.) Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court.

(3.) It is submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellant till 28/3/2024. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail. On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant. Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.