Bala vs State Of Madhya Pradesh

Subodh Abhyankar, J

Heard on I.A.No.7861/2023 which is an application for suspension of sentence of the appellant filed under Section 389 of the Cr.P.C.

The appellant has been convicted under section 279,337, 338,304-A of the IPC and 3/181, 192, 196 of Motor Vehicle Act and sentenced undergo RI for 6 months, 6 months, 1 years, 2 years respectively.

Counsel for the appellant has submitted that the sentence of the appellant has already been suspended by the learned Judge of the trial Court. Counsel has further submitted that the appellant has not misused the liberty granted to him and the appeal is not likely to be heard at an early date and looking to the short sentence awarded to the appellant, he be released on bail.

The prayer for suspension of sentence is opposed by the learned counsel for the State.

Having considered the rival submissions and taking note of the fact that the sentence of the appellant has already been suspended by the trial Court and appeal is not likely to be heard at an early date, without expressing any opinion on merits of the case, IA No.7861/2023 is allowed and it is directed that upon depositing fine amount and on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 05.07.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.