Mahesh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Record of the court below be called for.

Heard on IA No.195/2024, which is an application for exemption from filling certified copy of the impugned judgment.

Counsel for the appellant has filed copy of the impugned judgment supplied to the accused.

Considering the same, IA No.195/2024 is allowed.

The appellant is exempted from filling certified copy of the impugned judgment.

Also heard on I.A No.194/2024 which is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant - Mahesh.

The present appellant has been convicted under Sections 409 of IPC and sentenced to undergo RI for 3 year RI and fine of Rs.25000/- with default stipulation.

Learned counsel for the appellant submits that after conviction the sentence of the appellant has already been suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State opposes the prayer and prays for its rejection.

O n due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.194/2024 filed on behalf of appellant is allowed. The appellant - Mahesh be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 21.3.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

List alongwith record.