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Judgment
12 paragraphs · 367 wordsHeard on the question of admission.
Admit.
Also, heard on I.A. No.1580/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Padam.
The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment fine of Rs.15,000/- with default stipulation, vide judgment of conviction and order of sentence dated 25.08.2022 passed by the First Additional Sessions Judge, Kukshi, District-Dhar in S.T. No.34/2020.
As per prosecution case, on 13.05.2020 at about 5:15 p.m. appellant murdered deceased Jaam Singh.
Learned counsel for the appellant submits that he has not committed any offence and he has falsely been implicated in the case. He further submits that as per prosecution case the incident occured due to sudden quarrel between the parties and appellant gave a single blow to the deceased by means of brick therefore, offence under section 302 of the I.P.C. is not made out. Appellant is in custody since 15.05.2020. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection.
We have heard learned counsel for both the parties and perused the record.
Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellant, without expressing any opinion on merits of the case, the application I.A. No.1580/2023 is allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 12.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
List for final hearing in due course.
C.C. as per rules.