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Judgment
7 paragraphs · 329 wordsGajendra Singh, J
Heard on the question of admission. Admit.
Also, heard on IA No.3092/2026, which is an application under Section 430 (1) of B.N.S.S., 2023 for grant of bail and suspension of remaining jail sentence on behalf of the appellant- Dheerap and Vinod.
Appellants have been convicted under sections 109/3(5), 132, 121 (1)/(3(5), 221 read with 3(5) of the BNS, 2023 and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, R.I. for 6 months with fine of Rs.500/- , R.I. for 1 year with fine of Rs.500/- and R.I. for 3 months with fine of Rs.500/- with default stipulations vide judgment dated 25.02.2026 in ST No.37/2024 by the 3rd ASJ, Mahidpur, District Ujjain (MP).
Learned counsel for the appellants submitted that appellants are innocent and they have falsely been implicated in the present case. It is further submitted that their jail sentence has already been suspended by the learned trial court and there is no possibility of hearing of the appeal in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. dismissal of the application for suspension of sentence.
Looking to the facts that the jail sentence is already suspended by the trial court coupled with the fact that final hearing of the appeal will take sufficient long time, without commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellants shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)each with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 13.08.2026 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
List in due course.
