Ballusingh vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on the question of admission.

2.Admit.

3.Also heard on I.A. No.13879/2023, which is an application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

The appellant has been convicted under Section 452, 325 of I.P.C., 1860, sentenced to undergo 1 months years R.I. with fine of Rs.2000/- and usual default stipulations for each offences.

Learned counsel for the appellants submits that the appellant were on bail during the trial and he did not misuse the liberty so granted to him. The jail sentence has already been suspended by the trial court itself till 26.09.2023. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellants be allowed.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant, without commenting on the merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 20.12.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List the matter for final hearing in due course.

Record from the trial Court be called for.

Certified copy as per rules.