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Judgment
Heard on I.A. No. 22639/2019 filed for suspension of substantive jail sentence under Section 389 (1) of Cr.P.C of appellant Faraz @ Chuchoo who has been convicted by judgment dated 11/11/2019 passed in S.T. No. 452/2018 by VII Additional Sessions Judge, Bhopal.
Counsel filed a copy of the order dated 17/12/2019 by which co-accused Imtiyaz was enlarged on bail. From the possession of the appellant, one mobile phone was seized. It is alleged that the aforesaid mobile was looted from the complainant. At present, the appellant is confined in custody since 11/11/2019. As per para 28 of the impugned judgment during trial, he remained in custody since 14/01/2018 to 21/02/2018. The appellant having no any criminal background.
Therefore, looking to the overall circumstances, the application is allowed. It is ordered that the substantive jail sentence of the appellant awarded by the trial Court shall remain suspended till final decision of this appeal subject to furnishing a bail bond worth Rs. 50,000/- (Rupees Fifty Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court.
After releasing on bail, the appellant will appear before the Registry of this Court on 8/03/2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.
If the aforesaid day is declared as holiday, then the appellant will appear on the next working day.
At the time of releasing from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned
Accordingly, I.A. No. 22639/2019 stands allowed.
C.C. as per rules.