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Judgment
9 paragraphs · 333 wordsPushpendra Yadav, J
Heard on I.A. No.841/2026, first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant - Kuldeep.
This appeal assails the judgment dated 02/12/2025 passed by the Special Judge, Sheopur, in SCATR No.40/2023 whereby, appellant has been convicted under Section 323/109 of IPC read with Section 3(2)(va) of the SC/St Act and sentenced to undergo 6 months RI with fine of Rs.1,000/-with default stipulation.
Learned counsel for the appellant submitted that the trial Court has erred in convicting the appellant and awarding jail sentence. The sentence of the appellant has already been suspended by the trial Court for a limited period. The appellant was on bail during trial, however, he did not misuse the liberty so granted. Amount of fine has been deposited by him. Final hearing of the appeal is likely to take some time. The appellant shall abide by all the conditions as may be imposed by the Court. Hence, prayed to suspend the jail sentence of the appellant.
Learned counsel for the respondent/State opposed the application and prayed for its rejection.
Considering the arguments advanced by learned counsel for the parties, attending facts and circumstances of the case and that short term of sentence has been imposed, without commenting on merits of the case, I.A. is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 30.10.2026 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.
Record of the Court below be called for.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy as per rules.