Sanjay Asole vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Let the record of the trial Court be requisitioned.

Also heard on IA No.27111/2023, 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 - Sanjay Asole.

Appellant has been convicted under Section 304-A and 338 IPC and sentenced as mentioned in the impugned judgment dated 07.11.2023 passed in ST No.176/2021 by Sessions Judge, Balaghat, District Balaghat.

It is submitted by the counsel for the appellant that sentence of the appellant has already been suspended by the trial Court till 06.12.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application.

Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.27111/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 22.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.