Gaadriya vs State Of Madhya Pradesh

Heard.

Record be called for and list thereafter for admission. Also heard on I.A. No. 10361/2019 an application for suspension of sentence and for grant of bail.

The present appeal is arising out of the judgment dated 30-12-2017 passed in Sessions Trial No. 23/2017. The appellants have been convicted for the offence u/s 397 read with 34 of IPC. They have been sentenced to undergo seven years R.I with a fine amount.

Learned counsel for the appellants at the outset has argued before this court that the appellants have completed more than three and a half years in jail. He has also stated that the trial court has not appreciated the evidence in its true perspective and the statement of complainant has not been supported by the other independent witnesses. It is further submitted by him that looking to the period of sentence, the repeat application for suspension of sentence may be allowed.

On the other hand, learned counsel for the respondents State has vehementally opposed the repeat application for grant of suspension of sentence. However, he has fairly stated that appellants have completed more than three and a half years in jail.

Considering the averments as made in the application and looking to the facts and circumstances of the case and also looking to the period of custody and the period of sentence, without expressing any opinion on merits of the case, I.A. No. 10361/2019 is allowed and it is directed that the substantive jail sentence of the appellants shall remain suspended and they be released subject to their furnishing a bail bond in the sum of Rs.1,00,000/-(Rs. One lac ) each with one solvent surety in the like amount to the satisfaction of the trial Court and they shall appear before the Registry of this Court on 15-12-2020 and on all other subsequent dates as may be given in this behalf.

C.C. as per rules.