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Judgment
Prakash Chandra Gupta, J
Heard on the question of admission.
Let record of the trial Court be requisitioned.
Also heard on I.A.No.988/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant – Santosh.
Learned trial Court has convicted the appellants under Section 420 of IPC and sentenced to undergo one year RI with fine of Rs.1000/-, 467 of IPC and sentenced to undergo three years RI with fine of Rs.1000/-, 468 of IPC and sentenced to undergo one year RI with fine of Rs.1000/- and 471 of IPC and sentenced to undergo one year RI with fine of Rs.1000/- with default stipulations, vide judgment of conviction and order of sentence dated 29.12.2023 passed by the Additional Sessions Judge, Sanavad, District Mandleshwar in S.T. No.36/2020.
Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. Learned trial Court has already suspended the jail sentence of the appellant. Final disposal of this appeal will take sufficient long time, therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he be released on bail.
Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.
Considering the short term of sentence coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, I.A.No.988/2024 is allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, appellant - Santosh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 26.02.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
List for final hearing in due course. Certified copy, as per rules.