Bhanwarlal vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Heard on I.A No.4574 of 2023 which is an application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Bhanwarlal.

The present appellant has been convicted under Section 354 & 354A of IPC and sentenced to undergo 1 year RI and fine of Rs.1000/- under each Sections with default stipulation.

Learned counsel for the appellant submits that after conviction the sentence of the appellant has already been suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

O n due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the jail sentence o f the appellant is already suspended and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.4571 of 2023 filed on behalf of appellant is allowed. The appellant be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 14.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

List after receipt of the record.

CC as per rules.