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Judgment
9 paragraphs · 353 wordsSushrut Arvind Dharmadhikari, J
Heard on I.A. No.9696/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant - Sunil s/o Shivnarayan Banjariya.
The Trial Court has convicted the appellant under Sections 467, 468, 471 and 420 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,000/-, R.I. for 03 years with fine of Rs.2,000/-, R.I. for 03 years with fine of Rs.2,000/- respectively, with default stipulation, vide judgment of conviction and order of sentence dated 22.06.2023 passed by Seventh Additional Sessions Judge, Mandsaur (M.P.) in S.T. No.146/2017.
Learned counsel for the appellant submits that the appellant is innocent and he has not committed any offence. He has been falsely been implicated in the offence. It is further submitted that final hearing of this appeal i s not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.
4 . Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prayed for rejection of his application.
We have heard learned counsel for both the parties and perused the record.
Considering the facts and circumstances of the case also coupled with the fact that, final hearing of this appeal is not possible in near future. Therefore, without commenting on the merits of the case, we are inclined to suspend the jail sentence of the appellant hence,I.A. No.9696/2023, is allowed.
It is directed that subject to depositing the fine amount, if already not deposited, Appellant -Sunil s/o Shivnarayan Banjariya. shall be released on bail, on furnishing personal bond in the sum of Rs. 50, 0000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the trial Court concerned firstly on 22.08.2023, and on such other dates, as may be fixed by the trial Court concerned in this regard, till final disposal of this appeal.
C.C. as per rules.