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Judgment
45 paragraphs · 411 wordsPrakash Chandra Gupta, J
Heard on I.A.No.236/2024, which is first application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellants-Gopal Singh, Dilip Singh, Vikram Singh, Onkar Singh and Balram.
2 . The appellants have been convicted and sentenced vide judgement dated 18.12.2023 passed the 2nd Additional Sessions Judge, Mahidpur, District-Ujjain in S.T. No.24/2021 as under:-
Name of the accused persons
Sections
Imprisonment
Fine
Imprisonment in lieu of fine amount
Vikram Singh and Balram Singh
324,of the IPC
1 year RI
Rs.1,000/-
1 month SI
324/149 of the IPC
1 year RI
Rs.1,000/-
1 month SI
148 of the IPC
6 months RI
Rs.500/-
15 days SI
section 25(1-B)(b) of the Arms Act
1 year RI
Rs.1,000/-
1 month SI
Dilip Singh, Gopal Singh and Onkar Singh
324,of the IPC
1 year RI
Rs.1,000/-
1 month SI
324/149 of the IPC
1 year RI
Rs.1,000/-
1 month SI
148 of the IPC
6 months RI
Rs.500/-
15 days SI
Learned counsel for the appellants submits that short sentence of 1 year has been involved in this case. The Trial Court has itself suspended the jail sentence of the appellants till 16.02.2024 and hence prayer is made for suspension of jail sentence and grant of bail to the appellants.
Learned Govt. Advocate opposes the prayer made by the appellants and prays for its rejection.
5 . I have heard learned counsel for both the parties and perused the record.
Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.236/2024 is allowed and the jail sentence of the appellants shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, appellant-Gopal Singh, Dilip Singh, Vikram Singh, Onkar Singh and Balram shall be released on bail, on furnishing personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 18.03.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
Record of the court below be requisitioned.
List in due course. C.C. as per rules.