AI Structured Summary
Not yet generated for this judgment
Judgment
Roopesh Chandra Varshney, J
Heard o n I.A. 24691/2023, t his is the second application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellants-Halke Bhai and Dhaniram. Their first application was allowed on 18.12.1998. They were regularly appearing before the Trial Court upto Covid-19 Pandemic, but as per verdict of the Hon'ble Apex Court they could not appear before the Trial Court. However, this Court issued non-bailable warrant against the appellants by order dated 31.08.2023 and in pursuance to the order the appellants have been arrested on 09.10.2023.
T he appellants have been convicted vide judgment dated 06.03.1998 passed by Third Additional Sessions Judge, Damoh in S.T. No. 182/1997 and appellants have been found guilty for commission of offence punishable under Section 304-II/34 of IPC and sentenced to undergo RI for 5 years each.
Learned counsel for the appellants submits that the appellants have already suffered one and half years of the custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants on bail.
O n the other hand, learned counsel for the State has opposed the contention raised by learned counsel for appellants and prays for rejection of said application.