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Judgment
12 paragraphs · 345 wordsSunita Yadav, J
Heard on the question of admission.
The appeal, being arguable, is admitted for final hearing.
Heard on I.A. No. 1406 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.
This Criminal Appeal assails the judgment dated 12.01.2024 passed by the Tenth Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial No.344/2017, whereby appellant has been convicted and sentenced under Section 420 of IPC to undergo rigorous imprisonment of three years with fine of Rs.5,000/- with default stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without considering the evidence on record. The appellant has suffered incarceration of two months. He was on bail during trial and never misused the liberty so granted. Further submission is that there are material omissions and contradictions in the statements of the prosecution witnesses. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.
Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.1406 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 25.04.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.
List this case for final hearing in due course.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy/ e-copy as per rules/directions.