Sanjay vs State Of MP

Heard on IA No.5391/2020, which is an application for suspension of sentence filed at the instance of applicant Sanjay pending the revision.

Applicant has been convicted for offence u/S.325/34 of the IPC and sentenced to undergo 06 months RI with fine of Rs.2000/- and u/S.323/34 of the IPC and sentenced to undergo 03 months RI (in two counts) with default stipulation.

Learned counsel for applicant referring to para 9 and 10 of the judgment of the JMFC has submitted that against the applicant there are no allegation in respect of the main incident which took place in the evening. He also submits that the applicant is in custody since the date of the judgment of the court below and the main allegations are against the co-accused Dashrath in respect of offence u/S.325 of the IPC.

Learned counsel for State has opposed the suspension application.

Having regard to the submissions made by learned counsel for applicant, the period of sentence and also the period for which the applicant has remained in custody and the fact that hearing of the revision on admission is likely to take time, I am of the opinion that a case for grant of suspension of sentence is made out. Accordingly,  I.A is allowed and it is directed that  on furnishing bail bond to the tune of Rs.35,000/- (Rs. Thirty Five Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 14/09/2020 and on subsequent dates as may be fixed by the Registry,  the  applicant   be  released  on  bail and the substantive sentence shall remain suspended pending this revision.

IA No.5391/2020 stands disposed of.

List after eight weeks.

C.C.as per rules.