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Judgment
13 paragraphs · 376 wordsRajendra Kumar (Verma), J
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A No.7877/2023 which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellants.
The appellants have been convicted for offence under Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/- each with default stipulations.
Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of the appellants have been suspended by the Trial Court till 30.04.2023 and during bail they did not misuse the liberty granted to them. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence may be allowed.
Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.
I n due consideration of the submissions made on behalf of the appellants, on perusal of the record and looking to the fact that the jail sentence of the appellants are already suspended, it would be appropriate to suspend the jail sentence of the appellants.
Accordingly, I.A No.7877/2023 filed on behalf of appellants is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellants in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety each in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 07.08.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.
Let the record of the Court below be requisitioned.
List in due course for final hearing.
Certified copy, as per rules.