Jagnarayan vs State Of Madhya Pradesh And Others

Prem Narayan Singh, J

Heard on the question of admission.

The appeal appears to be arguable, hence, admitted for final hearing.

Heard on I.A. No.877/2024, which is an application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

The appellant has been convicted under Section 323 (2 counts) of IPC and Section 3(2)(va) of SC/ST (PA) Act and sentenced to undergo 6-6 months R.I. in each section with fine of Rs.1,000/- and Rs.1,000/- respectively and default stipulations.

5 . Learned counsel for the appellant submits that the trial Court has committed an error in appreciating the evidence and convicting the appellant. It is submitted that the sentence of the appellant is already suspended by the trial Court. There is no likelihood final hearing of this appeal. Hence, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate for the respondent/State opposes the prayer and prays for its rejection.

Considering all the facts and circumstances of the case and looking to the fact that sentence of the appellant is already suspended, I find it to be a fit case to suspend the custodial sentence of the appellant.

8 . Accordingly, I.A.No.877/2024 is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended till final disposal of the appeal, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before trial Court on 22.03.2024 and on such other dates as may be fixed by the concerned Court in this regard.

Application stands disposed of.

In the meantime, record from the concerned trial be called for.

List for final hearing in due course.

Certified copy as per rules.