Bhagwan Das Parmar vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

Call for the trial Court record.

Heard on I.A. No.30658/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 419 of IPC and has been sentenced to undergo R.I. for 02 years and fine of Rs.2000/-; under Sections 420, 467, 468 and 471 of IPC and has been sentenced to undergo R.I. for 03 years for each offence and fine of Rs.2000/- for each offence and under Section 66-D of I.T. Act and has been sentenced to undergo R.I. for 02 years and fine of Rs.2000/- with default stipulation vide judgment dated 21.12.2023 delivered by 16th Additional Sessions Judge, District Bhopal, in S.T. No.279/2015 (State of M.P. Vs. Bhagwan Das Parmar).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that

after conviction and passing of order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 21.1.2024. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.30658/2023 is allowed. The execution of jail sentence of appellant- Bhagwan Das Parmar is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 22.4.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record.

Certified copy as per rules.