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Judgment
11 paragraphs · 339 wordsRoopesh Chandra Varshney, J
Heard on admission.
Admit.
Let the record of the trial Court be requisitioned.
Heard on IA No.24597/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Kailash Jatav.
Applicant has been convicted under Section 459, 323 and 325/34 of IPC and sentenced to undergo RI for 3 years with fine of Rs.500/-, RI for 1 year with fine of Rs.200/- and RI for 3 years with fine Rs.500/- for respective offences with default stipulation vide judgment dated 14.09.2023 passed in ST No.925/2019 by VIII ASJ, District Bhopal.
It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. There is no direct or indirect evidence against the applicant and trial Court has committed error of law in convicting the applicant. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.
Learned counsel for the State has supported the impugned judgment and opposed the application.
Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.24597/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.