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Judgment
7 paragraphs · 393 wordsHeard on I.A.No.20826/2018 second filed by the applicants/ accused under section 397 of Cr.P.C. for suspension of his jail sentence and grant of bail.
The applicant/accused has filed this revision against the conviction and sentence dated 30.4.2019 passed by the Court of Addl. Sessions Judge, Waraseoni district Balaghat in Criminal appeal no.300103/2013 arising out of judgment dated 31.5.2014 passed in Cr. Case No. 4159/2006 by the JMFC, Waraseoni district Balaghat convicting the applicant under Section 467 of the IPC and sentencing him to undergo RI for 3 years with fine of Rs.3000/-, Section 468 of the IPC and sentencing him to undergo RI for 3 years with fine of Rs.1000/- and Section 420 of the IPC and sentencing him to undergo RI for 3 years with fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment.
First application filed by the applicant was dismissed as withdrawn.
Learned counsel for the applicant/ accused submits that the applicant is in custody since 13.4.2019. Disposal of this revision will take time. In this case, on behalf of the applicant whole amount which was due has been deposited in the relevant Bank. Apart from it, family members of the applicant who were the complainants have entered into a compromise and the factum of compromise has been verified by the Registrar(J). It is further submitted that in the light of the the aforesaid circumstances, the applicant prays for suspension of sentence and grant of bail.
Learned Panel Lawyer has opposed the application and prays for its rejection. However, learned counsel appearing on behalf of the complaints has no objection in allowing the application.
Having considered the facts and circumstances of the case and on perusal of the record, IA is allowed. It is directed that the execution of jail sentence of the applicant/ accused Dilip shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- ( Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 30.4.2020 and thereafter on all may be fixed by the Court in this regard other such subsequent dates as during the pendency of the revision.
List for final hearing in due course as per the listing policy.