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Judgment
Rajendra Kumar Verma, J
Issue notice to respondent no.2 on payment of process fee within a week both by registered as well as ordinary posts.
Records of the Courts below be called for.
Also heard on I.A.No.14686/2021, an application for suspension of sentence and grant of bail on behalf of appellants Navalkishor and Rajkumar.
The appellants have been convicted for an offence punishable under Sections 341, 327 of the IPC and sentenced to undergo simple imprisonment for
one month with fine of Rs.200/- and rigorous imprisonment for 1 year with fine of Rs.500/- respectively, with default stipulations. Both the sentences
have been directed to run concurrently.
It is submitted by the learned counsel for appellants that the appellants are on bail till 5.9.2021 and it is not alleged that they are misusing the liberty. It
is further submitted that there is no chance of early hearing of this appeal and it will take a considerable time for final disposal, therefore, the
appellants may be released on bail.
Learned Panel Lawyer on the other hand opposes the application for suspension of sentence.
Keeping in view the facts and circumstances of the case and the facts that the appellants have been convicted for maximum sentence of one year,
they are already on bail till 5.9.2021, I find it to be a fit case for suspending the sentence and enlarging the appellants on bail.
Accordingly, without expressing any opinion on the merits of the matter, the application is allowed and it is directed that the execution of remaining jail
sentence of appellants shall remain suspended and they be released on bail on their furnishing a personal bond in the sum of Rs.25,000/-(Rupees
Twenty Five Thousand only) each with one solvent surety in the like amount each to the satisfaction of the trial court for their appearance before the
Registry of this Court on 20.12.2021 and thereafter on such other dates as may be directed by the Registry.
List the appeal for final hearing in due course.
Certified copy as per rules.