Suraj And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard on I.A. No.150/2024, 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 appellants No.1 and 2 - Suraj Mankar and Suman Bai.

Appellants have been convicted by the Second Additional Sessions Judge, Kukshi District - Dhar vide its judgement dated 29.12.2023 passed in S.T. No.75/2019 for commission of offence punishable under Section 498-A of IPC and sentenced to undergo RI for 03 years with fine of Rs.5,000/- each with default stipulations.

Learned counsel for the appellants submits that short sentence has been awarded to the appellants by the learned trial Court. The appellants have been suspended by the trial Court till 29.01.2024. 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.150/2024 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) each with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of appellants shall remain suspended till the final disposal of the appeal and he shall be released on bail for their appearance before the Registry of this Court on 05.02.2024 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.