Chainsingh And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard on I.A. No.12505/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of both the appellants Chainsingh and Mukesh.

The trial Court has convicted the both the appellants vide judgment of conviction dated 28/06/2023 passed in S.T.No.313/2019 by the Sessions Judge, Rajgarh (Biaora) and sentenced the appellants under Section 435 of IPC to under go 01-01 years RI with fine of Rs.15,000/- each with usual default stipulation.

Learned counsel for the appellants submits that short sentence of 1 year has been involved in this case. The appellants were on bail during the trial and they never misused the liberty so granted to them. Trial Court has itself suspended the jail sentence of the appellants till 25.08.2023 and hence, prayer is made for suspension of jail sentence and grant of bail to the appellants.

Learned Govt. Advocate opposes the prayer made by the appellants and prays for its rejection.

5 . I have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.12505/2023 is allowed and the jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellants Chainsingh and Mukesh shall be released on bail, on their each furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the trial Court be requisitioned. Certified copy as per rules.