MATHURA AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.3691/2024, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

(2.) Appellant has been convicted for commission of offence under Sec. 323 of IPC and has been sentenced to undergo S.I. for 01 months and fine of Rs.500.00 and under Sec. 324 of IPC and has been sentenced to undergo S.I. for 06 months and fine of Rs.500.00 with default stipulations vide judgment dtd. 31/1/2024 delivered by Sessions Judge, District Tikamgarh, in S.T. No.113/2022 (State of M.P. Vs. Mathura Ahirwar).

(3.) Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. 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 1/3/2024. 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.