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Judgment
7 paragraphs · 401 wordsJ. P. Gupta, J
Heard on I.A.No.10566/2020, which is third application under section 389 (1) of Cr.P.C. filed by the appellant / accused for suspension of his jail sentence awarded by the Court of 5th Additional Session Judge to the court of 1st Additional Session Judge, Bhopal in S.T.No.1088/2014 vide its judgment dated 25.8.2018 convicting the appellant / accused under sections 420 and 471 of the IPC and sentencing him to undergo RI for 5 years along with fine of Rs.5000/- and RI for 5 years along with fine of Rs.5000/-respectively, with default stipulation as mentioned in the impugned judgment. Earlier two applications were rejected on merits with liberty to file after completion of half period of the jail sentence if the appeal could not be disposed of on merit.
It is submitted that the appeal is still pending and looking to the pendency in the High Court it will take a dacade to dispose of this case. The appellant has completed half period of the jail sentence and there is no likelihood of his absconding and the points raised in the appeal are arguable. During the trial, the appellant was on bail. In the circumstances, if the sentence is not suspended his right to appeal will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.
Learned PL has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties and looking to the other facts and circumstances of the case and the evidence available on record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Zuber personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 16.12.2020 and thereafter on all other such subsequent dates as may be fixed by the trial court in this regard.
In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
The appeal be listed for final hearing in due course as per listing policy.
C.C. as per rules.