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Judgment
Roopesh Chandra Varshney, J
Heard on IA Nos.29999/2023, 30001/2023 and 29735/2023 which are first applications under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Nos.1.Jayprakash @ Jyaku, 2. Bhuru @ Komalram and 3.Suraj respectively.
Appellants have been convicted and sentenced as mentioned in the impugned judgment dated 08.12.2023 passed in ST No.100089/2014 by Sessions Judge, District Harda M.P.
Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 16/01/2024. Appellants have good care on merit & hope to succeed in the appeal, hence he has prayed for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.
On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above applications.
Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the trial Court has already suspended the jail sentence of the appellants till 16/01/2024 and according to listing policy the hearing of this appeal will take time, the applications are allowed and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.
List the matter for final hearing in due course along with the record.