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Judgment
Subodh Abhyankar, J
Heard on I.A.No. 7832/2023, which is an application filed under Section 397 of the Cr.P.C.at the instance of the petitioner.
The present petitioner has been convicted for offence punishable under Section 409 of the IPC and sentenced to undergo 03 years RI with fine of Rs.10,000/-with default stipulation by judgment dated 22.7.2022 passed by JMFC, Sitamau, District-Mandsaur (MP) in Criminal Case No.02/2004. The aforesaid judgment has been affirmed by learned Sessions Judge, Mandsaur, District-Mandsaur (MP) in Criminal Appeal No.6437/2022 vide judgment dated 15.05.2023.
Counsel for the petitioner has submitted that the entire amount of defalcation has already been deposited by the petitioner. Hence, counsel for the petitioner prays for suspension of jail sentence.
Considering the fact that the entire amount of defalcation has already been paid by the petitioner, I am inclined to allow the application for suspension of jail sentence and release him on bail. Accordingly, without expressing any opinion on merits of the case, IA No.7832/2023, application for suspension of jail sentence filed on behalf of petitioner is allowed.
It is directed that the execution of jail sentence awarded to the petitioner shall remain suspended, subject to each of him depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before trial Court on 25.07.2023 and on such other dates as may be fixed by the concerned Court in this regard.
C. c. as per rules.