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Judgment
8 paragraphs · 395 words.
J. P. Gupta, J
Heard on I.A.No.9973/2020, which is third application under section 389 (1) of Cr.P.C. filed by the appellant / accused for suspension of his jail sentence awarded by the Court of Session Judge, District Hoshangabad in S.T.No.47/18 vide its judgment dated 10.8.2018 convicting the appellant / accused under sections 326 and 324 of the IPC and sentencing him to undergo RI for 4 years along with fine of Rs.1000/- and RI for 1 year along with fine of Rs.1000/- respectively, with default stipulation as mentioned in the impugned judgment. Earlier two applications were dismissed as withdrawn.
It is submitted that the appellant is innocent. He has completed more than half period of the jail sentence and he has fair chance to succeed in the appeal. During the trial, he was on bail and there is no likelihood of his absconding. Even the conviction is upheld looking to all facts and circumstances of the case, the sentence may be reduced to the period already undergone. In the circumstances, if the sentence is not suspended his right to appeal will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.
Learned PL has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties and looking to the other facts and circumstances of the case and the evidence available on record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Shahrukh shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.40,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 14.12.2020 and thereafter on all other such subsequent dates as may be fixed by the trial court in this regard.
In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
The appeal be listed for final hearing in due course as per listing policy.
C.C. as per rules.