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Judgment
10 paragraphs · 343 wordsRajendra Kumar Vani, J
Heard on I.A.No.23003 of 2023, first application under Section 389 of CrPC for suspension of jail sentence and grant of bail to the appellant.
This Criminal Appeal assails the judgment dated 04.12.2023 passed in Sessions Trial No. 66/2020 by First Additional Sessions Judge Karera, District Shivpuri (M.P.) whereby, the appellant stood convicted under Section 205 of IPC and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/- and under Section 419 of IPC and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/- , with default stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the trial Court has already suspended the jail sentence of the appellant till 05.01.2024. Appellant was on bail during trial and he did not misuse the liberty so granted. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.
Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the material available on record.
Considering the submissions made by learned counsel for the appellant as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No. 23003 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 25/01/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.
Record of the Court below be called for.
List after the receipt of record.
A copy of this order be sent to the concerned Court below for compliance.