Panchu vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on admission.

Admit.

Let record of the Court below be requisitioned.

Heard on IA No.29248/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 07.12.2023 passed in ST No.39/2021 by First Additional Sessions Judge, District Tikamgarh M.P.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 06/01/2024. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant till 06/01/2024 and according to listing policy the hearing of this appeal will take

time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course along with the record.