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Judgment
12 paragraphs · 382 wordsSushrut Arvind Dharmadhikari, J
Heard on the question of admission.
Also Heard o n I.A. No.9633/2023, 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- Tabrej and Ghanshyam.
The trial Court has convicted the appellants under Section 417 of IPC and sentenced to undergo R.I of 1 year with fine of Rs. 1,000/-, Section 419/34 of IPC and sentenced to undergo R.I of 2 years with fine of Rs. 1,000/-, Section 201 of IPC and sentenced to undergo R.I of 2 years with fine of Rs. 1,000/- and Section 120-B of IPC and sentenced to undergo R.I of 3 years with fine of Rs. 1,000/- with default stipulation vide judgment of conviction and order of sentence dated 14.06.2023 passed by Ninth Additional Sessions Judge, District- Ujjain (M.P.) in S.T. No. 49/2021.
Learned counsel for the appellants submits that the appellants have not committed any offence. They have falsely been implicated in the case. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the prayer and prayed for rejection of application for suspension of jail sentence of the appellant.
We have heard learned counsel for both the parties and perused the record.
Looking to the facts and circumstances of the case and also coupled with the fact that, without expressing any opinion on merits of the case, the application I.A. No.9633/2023 is allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, appellants- Tabrej and Ghanshyam, shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with solvent surety each 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.
Let record of court below be called for.
List for final hearing in due course.
C.C. as per rules.