Banti vs State Of Madhya Pradesh

J.P.Gupta, J

Also heard on I.A.No.769/2020 which is first application filed by appellants under section 389(1) of Cr.P.C. for suspension of his jail sentence dated

1.10.2019 passed by the I ASJ Sagar, District Sagar in Sessions Trial No.41/2018 convicting the appellant under section 392 I.P.C. and sentenced him

to undergo R.I. for 4 years along with fine of Rs.8,000/-, with default stipulation.Learned counsel for the appellant submitted that the appellant is

innocent and is in custody since 1.10.2019. Disposal of appeal will take time. Appellant has no criminal antecedents and it is a case of snatching of

Rs.6,000/- and other documents contained in the bag; but, the prosecution has failed to establish its case beyond reasonable doubt as the evidence is

contradictory and unreliable. Even though the learned trial court without appreciating the evidence in right perspective convicted the appellant. During

trial the appellant was not bail, therefore, if execution of sentence is not suspended, his right to appeal will be futile. In the aforesaid circumstances,

prayer is made to suspend the execution of jail sentence and grant bail to the appellants.On the other hand, learned P.L. for the respondent-State has

opposed the application and prayed for rejection of the same.Having considered the contention of learned counsel for the parties and on perusal of the

record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant

Banti shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.40,000/-

(Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on

15.12.2020 & thereafter on all other such subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.List the appeal for final hearing in due course.

C.C. as per rules.