Kamal And Others 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.

3 . Heard on I.A. No.7165/2024, which is first application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellants Kamal & Mahesh

The appellants have been convicted for short sentence under Sections 323/34 and 326/34 of IPC and sentenced to undergo 03 months and one year R.I with fine of Rs.2,000/- respectively with default stipulations.

5 . Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated. The jail sentence of the appellant has already been suspended by the learned trial Court itself till 18.05.2024. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellants be allowed.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

7 . Looking to the facts and circumstances of the case, contention of learned counsel for the appellants, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellants, without commenting on the merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, the appellants shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 28.08.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Accordingly, I.A. No.7165/2024 stands allowed and disposed of.

Record of the trial Court be called for.

List for final hearing in due course.