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Sunil vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 8 February 2024 · Citation: (2024) 02 MP CK 0015

HON’BLE JUDGES
Prakash Chandra Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Indian Penal Code, 1860 — Section 352
CASE NUMBER
Criminal Appeal No. 1968 Of 2024
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Judgment

10 paragraphs · 340 words

Prakash Chandra Gupta, J

1.

Heard on IA No.2288/2024, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Sunil.

2.

Learned Trial Court has convicted the appellant under Section 352 of IPC and sentenced him to undergo RI for 01 month with fine of Rs.500/- with default stipulation vide judgement of conviction and order of sentence dated 27.01.2024 passed by the Sessions Judge, West Nimar, Mandleshwar in S. T. No.49/2020.

3.

Learned counsel for appellant submits that appellant is innocent and has been falsely implicated in the matter. Appellant's jail sentence has already been suspended by the Trial Court till 26.02.2024. Learned Trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of appeal in near future. Hence, prays that application for suspension of jail sentence be allowed.

4 . On the other hand, learned Government Advocate for the respondent/State has opposed the application and prayed for its rejection.

5.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the case, I.A.No.2288/2024 is allowed and jail sentence of the appellant shall remain suspended.

6.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 15.04.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Let record of the Trial Court be requisitioned.

List for admission after receipt of record.

Certified copy, as per Rules.