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Judgment
8 paragraphs · 265 wordsAchal Kumar Paliwal, J
Heard on I.A. No.21458/2023, which is second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant arising out of judgment dated 18.06.2004 delivered in S.T. No.159/2004 by the Additional Sessions Judge, Sehora, District Jabalpur.
T h e appellant has been convicted under Section 323 of IPC and sentenced to undergo RI for 1 year with fine of Rs.500/- with default stipulation.
Learned counsel for the appellant submits that earlier this Court has suspended the sentence of appellant and released him on bail in the year 2004 but on account of communication gap between the Advocate and the party and on account of covid, appellant and his counsel could not appear before the concerned Court. Appellant is in jail since 12.07.2023, therefore, sentence of the appellant be suspended and he be released on bail.
Learned counsel for the State, on the other hand, has opposed the application.
It is correct that sentence of appellant was suspended and he was released on bail by order dated 01.07.2004 but on account of non-appearance of appellant/his counsel non-bailable warrant was issued to secure appellant's presence and in pursuance of above order appellant has been arrested and presently he is in jail.
This appeal is against the conviction and sentence under Section 323 of IPC and is pending since the year 2004. Therefore, in the facts and circumstances, I deem it not proper to again suspend the sentence and release the appellant on bail. Consequently, aforesaid I.A. is rejected.
List for final hearing in the week commencing 09.10.2023.