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Judgment
Roopesh Chandra Varshney, J
Heard on admission.
Appeal seems to be arguable, hence, admitted for final hearing.
Also heard on I.A. No.26807/2023, this is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant.
Vide judgment dated 07.10.2023 passed by Fifth Additional Session Judge, Waidhan, District Singrauli in SC No.151/2013, appellant has been convicted for offence punishable under Sections 148 of IPC and sentenced to undergo RI for six months and Section 326/149 of IPC and sentenced to undergo RI for three years with fine of Rs.500/- with default stipulation.
It is submitted by counsel for the appellant that the appellant has been falsely implicated in the case. Appellant has a good case on merits and hope that the appeal will be allowed. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.
On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.
Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.
Accordingly, I.A. No.26807/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and they be released on bail upon 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 trial Court first on 03.04.2024 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.
CC as per rules.