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Judgment
Mohd. Fahim Anwar, J
The appellant has been convicted under Section 498A read with Section 34 of IPC and sentenced to undergo a rigorous imprisonment for 3 year RI
with fine of Rs.1000/-, with default stipulation.
Learned counsel for the appellant has pointed out various contradictions, omissions and improvements found place in the statements of the important
prosecution witnesses. It is further submitted by learned counsel for the appellant that the appellant was on bail during trial and he had never misused
the liberty granted to him. It is also submitted at bar that jail sentence of the appellant has been suspended temporarily by learned trial Court upto
28.12.2020. There is no likelihood of coming up of this appeal for final hearing in near future due to Covid-19, hence, the jail sentence of the applicant
be suspended and he be released on bail.
Learned counsel for the respondent has vehemently opposed the application for suspension of sentence and grant of bail.
Looking to the facts and circumstances of the case and the fact that the trial Court has already suspended the sentence of the appellant, without
expressing any opinion on the merits of the case, I.A. 13351/2020 is allowed. Execution of the, remaining jail sentence of appellant is hereby
suspended till bond in the like amount to the satisfaction of trial Court for his appearance before the C.J.M. Jabalpur firstly on 25.3.2020 and on such
other dates, as may be fixed in this regard.
List the case for final hearing in due course.
C.C. as per rules.
