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Judgment
Roopesh Chandra Varshney, J
Heard on IA No.1381/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2- Praphull Kumar Dwivedi.
Appellant No.2 has been convicted and sentenced as mentioned in the impugned judgment dated 23.05.2023 passed in ST. No.141/2011 by Vth Additional Session Judge, Waidhen, District Singrauli.
It is submitted by the counsel for the appellants that the appellant No.2 has been falsely implicated in the case. He has a good case on merits and hope to succeed in the appeal. During trial appellant No.2 remained in custody from 27.05.2011 to 07.03.2012 and is in custody since 23.05.2023. 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, sentence of the appellant No.2 may be suspended.
Learned counsel for the State has 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 No.2 is held entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.1381/2024 stands allowed and it is directed that the jail sentence of appellant No.2- Praphull Kumar Dwivedi shall remained suspended and he be released on bail upon 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 22.04.2024 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.