Mohan Yadav And Others vs Economic Offence Wingh Unit Indore

Anil Verma, J

Heard on I.A. no. 5120/2023 which is an application filed under section 389 (1) of Cr.P.C on behalf of both appellants for grant of bail and suspension of remaining jail sentence.

The appellants have been convicted under sections 467/120-B, 468 /120-B, 420 and 471 of IPC and sentenced to undergo three years R.I with fine of Rs. 3000/- each on three counts and two years R.I with fine of Rs. 2000/- respectively with default stipulation.

Learned counsel for the appellants contended that the appellants are innocent and have been falsely implicated in this offence. After passing the judgment, their jail sentence have been suspended temporarily by the trial Court. During trial, they were remained on bail and they have not misused the liberty granted to them. There is material contradictions and omissions in the statement of the prosecution witnesses There is strong case in favour of the appellants. Final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of both the appellants be suspended till final disposal of the appeal.

Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellants by submitting that the appellants have been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellants were remained on bail during trial and they have not misused the liberty granted to them and final disposal of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of both the appellants.

Accordingly, IA No.5120/2023 is allowed and the execution of remaining jail sentence of both the appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 30/10/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let record of the Court below be requisitioned.

C.C. as per rules.