Vijay vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Call for the record.

Heard o n IA No.1960/2024 which is first application under Section 389 of Cr.P.C. for suspension of jail sentence of appellant No.1. Vijay Bhilala.

The appellant has been convicted under Sections 324, 201 of IPC and sentenced to undergo SI for 1 year, 1 year and fine of Rs.10,000/-, 10,000/-with default stipulation.

Learned counsel for the appellant submits that out the jail sentence of 1 year he has already undergone period of 9 months. Further the jail sentence of the appellant is already suspended by the trial Court and 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 and looking to the fact that the appellant has already undergone jail sentence of 9 months and the jail sentence of the appellant has been already suspended by the trial Court, final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant. Accordingly, the IA is allowed.

The appellant No.1. Vijay Bhilala b e enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 15.4.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

With the aforesaid, IA No.1960/2024 stands disposed off.