CHHOLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.1830/2024, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants.

(2.) Appellants have been convicted for commission of offence under Ss. 323/34 and have been sentenced to undergo R.I. for six months with fine of Rs.1000.00 with default stipulation vide judgment dtd. 27/12/2023 delivered by IInd Additional Sessions Judge, District Sidhi, (M.P.), in S.T. No.91/2022 (State of M.P. Vs. Chhole @ Amarnath and another).

(3.) Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial Court. It is submitted that in the course of trial, appellants were on bail. They have 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 appellants till 27/1/2024. The appellants have 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 appellants is n o t suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.