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Judgment
Gajendra Singh, J
Heard on the question of admission.
Admit.
Also heard on IA No.4443/2026, which is first application under Section 430 (1) of the BNSS, 2023 filed on behalf of the appellant-Harsh Malviya.
The appellant has been convicted vide judgment dated 28.01.2026 passed in Session Case No.734/2023 by the IX Additional Sessions Judge, Indore (MP) under section 324/34 of the IPC and sentenced to undergo 2 years R.I. withi fine of Rs.1,000/- and section 25(1-B) of the Arms Act and sentenced to undergo 1 years R.I. with fine of Rs.1,000/- with default stipulations.
Counsel for the appellant submits that appellant is innocent and he has falsely been implicated in the aforementioned crime. Appellant has already undergone the jail sentence of 1 year 1 month out of 2 years. This appeal is of the year 2026 and its final disposal would take considerable long time to conclude. Hence, in such circumstances, prayer is made to enlarge the appellant on bail.
Learned counsel for the State opposed the bail application and prayed for its dismissal.
Considering the fact and circumstances of the case and the fact that appellant has already undergone the jail sentence of 1 year 1 month out of 2 years, without commenting anything on the merits of the case, this Court is of the considered opinion that suspension application of appellant deserves to be allowed.
Accordingly, IA No.4443/2026, is allowed and remaining jail sentence of appellant is hereby suspended till final disposal of this appeal. It is directed that appellant shall be released on bail subject to depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand)with one solvent surety in the like amount to the satisfaction of trial court, with a further direction to appear before the Registry of this court on 08.09.2026 and on such other dates, as may be fixed by the Registry of this Court in this behalf, during the pendency of this appeal.
List in due course.