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Judgment
For the reasons stated in I.A. No.7468/2020, an application for withdrawal of the application for change in counsel, the same is allowed. Accordingly,
application for change in counsel, namely, I.A. No.5835/2020 is hereby dismissed as withdrawn.
Heard on admission.
The appeal seems to be arguable, hence admitted for hearing. Also heard on I.A.No.6704/2020, which is first application for suspension of sentence
and grant of bail to the appellant who stands convicted vide judgment dated 10.02.2020 passed by the Special Additional Sessions Judge under the
Electricity Act District - Sagar S.T. No.11/2020 for offence punishable under Section 326 of the Indian Penal Code and sentenced to undergo RI for
four years with fine of Rs.20,000/- with default stipulation.
Learned counsel for the appellant submits that the appellant has no criminal antecedent. It is further submitted that due to COVID-19 pandemic, the
final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be released on bail.
Learned Panel Lawyer for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case, without commenting on the merits of the case, it is directed that on 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, the remaining
part of the substantive jail sentence imposed upon appellant shall stand suspended during the pendency of this case and he be released on bail. The
appellant shall appear before the concerned trial Court on 14.12.2020 and on all such subsequent dates, as may be fixed in this regard during the
pendency of this appeal.
Accordingly, I.A.No.6704/2020 stands disposed of.
List the case for hearing in due course