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Judgment
11 paragraphs · 359 wordsSatyendra Kumar Singh , J
Heard on I.A. No.9737/2022, which is an application filed under Section 397 of Cr.P.C. for grant of suspension of jail sentence filed on behalf of the applicant - Kailash.
Applicant has been convicted under Section 304-A of IPC and sentenced to undergo 2 year SI with fine of Rs.3,000/- with default stipulation vide judgement dated 05.07.2022 passed by the 1st Additional Sessions Judge, Badnawar Distt. Dhar in Criminal Appeal No.08/2018 affirming the judgment of conviction and order of sentence dated 25.01.2018 passed by the Judicial Magistrate First Class, Badnawar Distt. Dhar in Criminal Case No.100/2014.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the matter. Learned trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of revision in near future. In view of aforesaid, learned counsel for the applicant prays for suspension of remaining jail sentence and grant of the bail to the applicant.
Learned Public Prosecutor for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the applicant.
Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter I.A.No.9737/2022 is allowed and jail sentence of the applicant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each alongwith a solvent surety in the like amount each to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 29.09.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.
I.A. stands allowed and disposed of.
Record of Courts below be requisitioned.
List for admission after receipt of record.
Certified copy, as per Rules.