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Judgment
10 paragraphs · 350 wordsSunita Yadav, J
Heard on I.A.No.2379 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been received.
The appeal has been preferred by the appellants under Section 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dated 19.01.2024 passed by Sessions Judge, Datia (M.P.) in Sessions Trial No. 11/2023 whereby, appellants have been convicted and sentenced under Section 323/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- with default stipulations.
Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the jail sentence of the appellants have already been suspended by the trial Court for a period of one month from the date of judgment. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants till record is received.
On the other hand, learned State counsel opposed the application and prayed for rejection of the same.
Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond by each of the appellant in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended for a period of two months from today and they be released on bail.
List the case on 04.03.2024.
Meanwhile, Registry is directed to call the record of the Court below.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy/ e-copy as per rules/directions.