Veersingh And Others vs State Of Madhya Pradesh

Vishal Dhagat, J

1.Appellants have filed I.A. No.6335/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

Appellants have been convicted under Sections 323/34 of IPC (on two counts) and sentenced to undergo S.I. for 1 year each with fine of Rs.1,000/- (on each counts) with default stipulations.

It is submitted by learned counsel for the appellants that appellants are on bail till 28.3.2024 and there is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellants. In these circumstances, sentence may be suspended and appellants may be released on bail.

Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.

Heard the counsel for the parties.

Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

Considering the aforesaid judgment passed by Apex Court and the fact that fixed term sentence has been imposed against the appellants, I.A. for suspension of sentence is allowed.

8 . It is hereby directed that the custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on each of them depositing the entire amount of fine, if not already deposited, and on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond each of the like amount to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 21.05.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

Record of the court below be requisitioned immediately.

List the appeal for admission immediately after receipt of record.

C.C. as per rules.