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Judgment
Rohit Arya, J
Heard on IA No.9447of 2023, which is the first application under Section 389 (1) of Cr.P.C seeking suspension of sentence and grant of bail moved on behalf of sole appellant- Mahesh Chandra.
Appellant stood convicted under Section 411 of IPC and sentenced to undergo imprisonment for period of six months with a fine of Rs.5,000/- with default stipulations vide judgment o f conviction and order of sentence dated 15.05.2023 by Special Judge (MPDVPK Act), Shivpuri, District Shivpuri (M.P.) in SC DOCT No. 400014/2012.
Present appellant has so far undergone incarceration of about 41 days including the period suffered during trial.
As per prosecution story, on 17.9.2011, complainant Vijay Gupta had lodged the report before the Police Station - Kolaras, District Shivpuri stating that he is the owner of the truck bearing registration No. MP 09 HF 9880 and almost from two months Ashok son of Ramdas Dhobi is the driver and Jalwe s/o Sarman Raikwar is the cleaner of the said truck. On 13.9.2011, the truck after loading sugar from two places was going from Indore to Jhansi, but the truck could not reach the destination. Complainant tried his best to contact the driver as well as cleaner of the aforesaid truck, but the mobiles phone of driver and cleaner were switched off. Complainant has doubt that goods and truck have sold by the driver and cleaner of the aforesaid truck or somebody else. The Trial Court upon critical evaluation of the evidence placed on record convicted and sentenced present appellant as referred above.
Learned counsel for appellant while taking exception to the impugned judgment of conviction and order of sentence submits that appellant is innocent and has falsely been implicated. The Trial Court did not appreciate the relevant piece of evidence. The judgment is based on surmises and conjectures. Hence, prays for suspension of sentence and grant of bail on behalf of appellant.
Per contra, learned counsel for the respondent-State opposes the application supporting the impugned judgment and prays for dismissal of the present application.
Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the fact that present appellant has suffered incarceration of about 41 days and looking to the fact that the present appeal is of the year 2023 and there is no likelihood of early hearing of the appeal, in the obtaining facts and circumstances, appellant is held entitled for suspension of jail sentence.
Accordingly, we allow IA No.9447 of 2023 and it is directed that the jail sentence of appellant-Mahesh Chandra shall remain suspended during pendency of present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the Registry of this Court first on 10.07.2023 and on other subsequent dates as may be fixed.
Accordingly, the IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.