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Judgment
Arguments heard through Video Conferencing. Submissions were made on IA No.2806/2020 which is an application under Section 397 read with Section 401 of Criminal Procedure Code, 1973 seeking temporary suspension of jail sentence imposed upon the applicants namely; applicant No.1-Ashok and applicant No.2-Vikky against the judgment dated 16.03.2020 passed by Additional Sessions Judge, Ujjain in Criminal Appeal No.13/2020 whereby the conviction under Section 325/34 IPC has been affirmed. Original judgment of conviction was pronounced by JMFC Ujjain in Criminal Case No.6377/2014 dated 24.12.2019.
The appellate Court has sentenced the applicants for six months RI with fine of Rs.500/- each for committing offence under Section 325/34 of IPC.
Learned counsel for the applicants submitted that due to pandemic COVID-19 situation, records from Ujjain Court are not possible to be obtained in near future, that both the applicants are in custody since 16.03.2020. He prays for grant of temporary suspension of jail sentence of applicants in such circumstances.
Heard learned counsel for the non-applicant/State.
Considered.
It is a fair submission made by learned counsel for the applicants that records of the case from one district to another district is not being transported presently.
Looking to the nature of offence and sentence imposed upon the applicants, it would be appropriate to grant relief of temporary suspension of sentence for a period of one month. The substantive jail sentence of the applicants namely; applicant No.1-Ashok and applicant No.2-Vikky shall remain suspended for a period of thirty days subject to their depositing the fine amount (if not already deposited) on their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one solvent surety each in the like amount to the satisfaction of Trial Court/Committal Court and they shall surrender on the expiry of thirty days from the date of their release. Accordingly, IA No.2806/2020 stands disposed of.
Meanwhile records of the trial Court and appellate Court be requisitioned. In case, the records are not available till the next date, further prayer for extension of suspension can be made.
Matter be listed on 29.06.2020 as prayed for.
Certified copy today as per Rules.