Sukhdev vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard on the question of admission.

The appeal is admitted for final hearing.

Also, heard on I.A. No.16041/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Sukhdev.

Appellant has been convicted by the First Additional Sessions Judge, Jaora, District-Ratlam vide its judgement dated 11.10.2023 passed in S.T. No.12/2021 for commission of offence punishable under Section 325 of IPC and sentenced to undergo RI for 01 year with fine of Rs.3,000/- with default stipulations.

3 . Learned counsel for the appellants submits that short sentence has been awarded to the appellant by the learned Trial Court. The appellant has been suspended by the Trial Court till 21.11.2023. Final conclusion of the appeal shall take considerable time hence, prays that application for suspension of sentence be allowed.

On the other hand, counsel for the State has opposed the prayer and prayed for its rejection.

On due consideration of the facts and circumstances of the case so als o looking to the short sentence awarded by the Trial Court, without expressing any opinion on merits of the case, I.A.No.16041/2023 is allowed.

It is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.25,000/- (Rupees Twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this Court on 10.01.2024 and all other subsequent dates, as may be fixed in this behalf by the Office.

Record of the Trial Court be requisitioned.

Certified copy, as per Rules.