Ghanshyam vs State Of Madhya Pradesh

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on IA No.10430/2023, an application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

This criminal appeal is directed against the judgment dated 24/06/2023 passed in S.T. No.317/2017 by the II ASJ, Rajgarh (Bioara) whereby the appellant has been convicted under Section 325 of IPC and sentenced to undergo R.I. for two years with fine of Rs.2,000/- with usual default stipulations.

Learned counsel for the appellant submitted that the trial Court has erred in appreciating the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted to him. The appellant is permanent resident of District-Rajgarh. There are fair chances of success of this appeal. The appellant is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of jail sentence is made.

The prayer is opposed by learned Public Prosecutor.

Heard.

Taking into  consideration the facts  and  circumstances  of the case, without expressing any opinion on the merits of the case, IA No.10430/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is, therefore, directed that if the appellant deposits the entire fine amount, if not already deposited and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

IA No.10430/2023 stands disposed of finally.

Let record of the trial Court be requisitioned.

C.C. as per rules.