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Judgment
11 paragraphs · 333 wordsSunita Yadav, J
Record of the Court below be called.
Heard on I.A. No. 20663 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant with an alternative prayer for grant of temporary bail as record has not been received.
This Criminal Appeal assails the judgment dated 17.10.2023 passed by Special Judge SC/ST (Prevention of Atrocities) Act, Guna (M.P.) in Special Sessions Trial No. 31/2019, whereby appellant has been convicted and sentenced under Section 148 of IPC to undergo rigorous imprisonment of 1 year with fine of Rs.1000/-, section 329 of the I.P.C. to undergo rigorous imprisonment of 3 years and fine of Rs.5000/- and Section 323/149 of the I.P.C. to undergo rigorous imprisonment of 6 months and fine of Rs.1,000/-with default stipulations.
Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without considering the material and evidence available on record. It is further argued that the trial Court has already suspended the jail sentence of the appellant for a period of one month. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellant.
Counsel for the State vehemently opposed the application and prayed for its rejection.
Heard.
Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 20663 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and furnishing a personal bond of 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 appellant shall remain temporarily suspended and he be released on bail till 4.12.2023.
List the case on 28/11/2023 along with record.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy/ e-copy as per rules/directions.