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Judgment
22 paragraphs · 375 wordsHirdesh, J
Heard on the question of admission.
The appeal is admitted for hearing.
Let record of the Court below be requisitioned.
(2) Also heard on IA No.9554/2023 which is first application under Section 389 (1) of the Code of Criminal Procedure, 1973, for suspension of jail sentence and grant of bail filed on behalf of appellant-Sunil S/o Nathu Garwal.
(3) The appellant has been convicted by learned Sessions Judge, Jhabua (MP) in Session Trial No.12 of 2022 vide judgment dated 16.06.2023 and sentenced him as under:-
Section & Act
Imprisonment
Fine
Imprisonment in lieu of fine amou
363 of IPC
2 Years R.I.
Rs.1,000/
1 month R.I.
(4) Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. He was on bail during trial and did not misuse the liberty granted to him. The jail sentence of the appellant has been suspended till 16.07.2023. Final hearing of this appeal would take sufficient long time in near future. Hence, prays for suspension of sentence and grant of bail to the appellant.
( 5 ) Per contra, counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.
(6) I have heard counsel for the parties and perused the record.
(7) Considering the facts and circumstances of the case and the fact that final hearing of the appeal would take sufficient long time, I am of the opinion that the jail sentence of appellant deserves to be suspended.
(8) Accordingly, IA No.9554/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.
(9) The appellant-Sunil S/o Nathu Garwal after being enlarged on bail shall mark his presence before the concerned trial Court on 14.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.
(10) Accordingly, IA No.9554/2023 stands allowed and disposed off. List the appeal for final hearing in due course.
Certified copy as per rules.