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Judgment
J. P. Gupta, J
Heard on I.A. No.10407/2020, which is the fourth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant no.1 Rambabu Gurjar @ Guddya. His second application has been disposed of on merits.
The appellants-accused have filed this appeal against the conviction and sentence dated 01/04/2016 passed by Session Judge, Sehore in Session Trial No.113/2015 convicting the appellant no.1 under Sections 363, 366, 376(2) (Jha) of the IPC and sentencing him to undergo R.I for 5 years. R.I for 7 years and R.I for 10 years, with fine amount with default stipulation, as mentioned in the impugned judgment.
It is submitted that now the appellant no.1 has completed more than half of the period of sentence and the disposal of the appeal will take time, therefore, his sentence be suspended and he be enlarged on bail.
Learned Panel Lawyer opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties and on perusal of record, this Court is of the view that once the application has been dismissed on merits, further period of custody is not a circumstance to be considered as a substantial change in the circumstances. Therefore, this application also deserves to be rejected. Hence, I.A. No.10407/2020 is rejected.
List the appeal for final hearing in due course.