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Judgment
Let record of Trial Court be requisitioned.
Heard on IA No.6087/2019, first application seeking suspension of payment of fine on behalf of the appellant.
The present appellant has been convicted under Section 323 IPC and sentenced for payment of fine of Rs.1,000/- with default stipulation vide judgement dated 16/05/2019 passed in Special Session Trial No.15/2012 by Special Judge under SC/ST Act, Ratlam.
Learned counsel for the appellant submits that the appellant is innocent and he has been falsely roped in the offence. The appellant is aged about 37 years at the time of occurrence of incident and he is a Government Teacher. It is a case of false implication. The present appellant has not committed any act, muchless; overt act in the commission of crime. The final disposal of the appeal shall take time. He is sole bread earner of the family and the family is on the verge of starvation if the payment of fine amount is not suspended. Hence, the execution of sentence of payment of fine be suspended, on such terms and conditions this Hon'ble Court deems fit and proper.
Per contra, learned Public Prosecutor opposed the prayer for its rejection.
Considering the facts and circumstances of the case and particularly the appellant being a Government servant and the submission advanced by learned counsel for the parties but, without expressing any opinion on the merits of the case, I am of the view that the application deserves to be allowed. Consequently, IA No.6087/2019, is hereby allowed and it is directed that the execution of sentence of payment of fine by the appellant shall remain suspended during pendency of this appeal subject to furnishing personal bond in the sum of Rs.2,000/-(Rupees two thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 16/12/2019, and on further dates as may be directed by the Registry in that regard.
I.A. closed.