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Judgment
Sunita Yadav, J
Heard on I.A.No.10009 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been received.
The appeal has been preferred by the appellants under Section 374 (2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 25.04.2024 passed by 4th Additional Sessions Judge, Vidisha (M.P.) in ST No.9/2022 whereby, the appellants stood convicted under Sections 411 of IPC and sentenced to undergo rigorous maximum imprisonment of two years with maximum fine of Rs.2,000/- each with default stipulations.
Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellants without appreciating the evidence on merit. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Appellants were on bail during trial. They never misused the liberty granted to them during trial. Therefore, learned counsel for appellants at this stage orally prays for grant of temporary suspension of sentence and grant of bail for a limited period.
Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond by each of the appellant in the sum o f 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 the appellants shall remain temporarily suspended for a period of three months from today and they be released on bail.
List the case on 17.07.2024.
Meanwhile, Registry is directed to call the record of the Court below.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy/ e-copy as per rules/directions.