Jujaharlal vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard on I.A. No.19278/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Jujaharlal.

Learned Trial Court has convicted the appellant under Sections 326 of IPC alongwith 25(1-B)(B) and 27(1) of the Arms Act and sentenced him to undergo RI for 03 years with fine of Rs.3,000/-, RI for 01 year with fine of Rs.1,000/- and RI for 03 years with fine of Rs.1,000/- respectively with default stipulations, vide judgment of conviction and order of sentence dated 20.10.2023 passed by the 1st Additional Judge from the Court of 1st Additional Sessions Judge, Jaora, District Ratlam in Sessions Case No.06/2021.

Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. Learned Trial Court has already suspended the jail sentence of the appellant till 23.12.2023. Final disposal of this appeal will take sufficient long time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he be released on bail.

Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.

Considering the short term of sentence coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, I.A.No.19278/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant - Jujaharlal shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 15.02.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the Trial Court be requisitioned.

Certified copy, as per Rules.