Ashish @ Sonu And Others vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Call for the record.

Heard o n IA No.1924/2024 which is first application under Section 389 of Cr.P.C. for suspension of jail sentence of appellant No.1. Ashish @ Sonu and appellant no.2 Devendra Godal.

The appellant No.1 has been convicted under Sections 452, 436, 324 (for injured Krish), 324 (for injured Kesarbai) of IPC and sentenced to undergo RI for 1 year, 3 years, 1 year and fine of Rs.1,000/-, Rs.1000/-, Rs.500/-, Rs.500/- with default stipulation.

The appellant No.2 has been convicted under Sections 452/120-b, 436/120-b, 324/120-b(for injured Kesarbai), 324/120-b (for injured Krish) of IPC and sentenced to undergo RI for 1 year, 3 years, 1 year, 1 year and fine of Rs.1,000/-, Rs.1000/-, Rs.500/-, Rs.500/- with default stipulation.

Learned counsel for the appellants submits that the jail sentence of the appellants have already suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State opposes the prayer and prays for its rejection.

On due consideration of the submissions made on behalf of the appellants and looking to the fact that the jail sentence of the appellants has already suspended by the trial Court and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellants. Accordingly, the IA is allowed.

The appellant No.1. Ashish @ Sonu and appellant no.2 Devendra Godale b e enlarged on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate solvent surety each of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 15.4.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

With the aforesaid, IA No.1924/2024 stands disposed off.