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Judgment
Sanjeev S Kalgaonkar, J
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 14197/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and grant of bail.
Appellant No.1 stands convicted under Sections 294, 323 and 325/34 of IPC and 3 (2) (v,a), 3 (2) (v,a), 3 (1) (r) and 3 (1) (s) of SC ST Act and sentenced to undergo RI for three months, six months with fine of Rs.1000/-, three years with fine of Rs.2000/- , six months RI with fine of Rs.1000/- and six months RI with fine of Rs.1000/- respectively whereas, appellant No.2 stands convicted under Section 323/34 and 325 of IPC and under section 3 (2) (v,a) and 3 (20 (v,a) of SC ST Act and sentenced to undergo RI for six months with fine of Rs.1000/- and three years RI with fine of Rs.2000/- respectively with default stipulation vide judgment of conviction and order of sentence dated 05/07/2023 passed by Special Judge under SC ST Act, Sheopur (M.P.) in SCATR 32 of 2021.
Learned Counsel for appellants submits that the learned Trial Court has committed an error in convicting and sentencing the present appellants without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by the appellants. The jail sentences of appellants were suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. Presently, they are on bail. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.
Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 27.09.2023 and on further dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.14193/2023 stands allowed and disposed of. Call for the record of the Court below and list thereafter for final hearing n due course.
Certified copy as per rules.