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Judgment
12 paragraphs · 309 words.
Achal Kumar Paliwal, J
Heard on admission.
Admitted.
Record of the Court below be requisitioned.
Heard on I.A. No. 21206/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 07.08.2023 delivered in ST No. 546/2018 by IIInd Additional Sessions Judge, Bhopal.
T h e appellant has been convicted under Section 324 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.5000/- and Section 25(1-B)(b) of Arms Act and sentenced to undergo R.I. for 1 years with fine of Rs. 5,000/- with default stipulations.
Learned counsel for the appellant submitted that appellant has been released on bail till 07.09.2023 by the trial Court for filing the appeal. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.
The prayer is opposed by learned Panel Lawyer.
Considering the short period of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 21206/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Nijju @ Nijam is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Bhoapl on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
List the case for final hearing in due course.
C. c. as per rules.