Surya @ Suresh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Record of the Trial Court be summoned.

Heard o n I.A No.497/24 which is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Surya @ Suresh.

The present appellant has been convicted under Section 456, 354 of IPC and sentenced to undergo RI for 1, 2 years and fine of Rs.1000/-,Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that after conviction the sentence of the appellant has already been suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State opposes the prayer and prays for its rejection.

On due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.497/24 filed on behalf of appellant is allowed. The appellant - Surya @ Suresh be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 21.3.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

List alongwith record. Certified copy as per rules.