Sohanlal vs The State of Madhya Pradesh

S.R. Waghmare, J.—Heard on admission. Admit.

Call for the record.

At this juncture, Counsel for the appellant prays for grant of suspension of sentence vide I.A. No. 5148/2013. Counsel for the appellant submits that short sentence of six months has been imposed for offence u/s. 323 of the IPC. Moreover Counsel submits that appellant has already been acquitted from the grave offence u/s. 354 and 506 of the IPC and S. 7 /8 of Children Protection Act and he has full chance of success in the appeal. Counsel submits that time has been granted upto 14th July, 2013 by the Trial Court to secure the bail otherwise appeal would be rendered infructuous, if bail is not granted to the appellant. Counsel prays for grant of suspension of sentence as well as grant of bail.

Counsel for the respondent/State on the other hand opposes the submissions of the Counsel for the appellant and stated that the appellant was fully implicated in the matter. He prayed for dismissal of the application.

On considering the above submissions, impugned order and looking to the short sentence involved, I find that the application needs to be allowed. It is hereby allowed.

In view of the above, it is directed that the accused/appellant be released on bail subject to his having paid the fine amount, if any, and on furnishing a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 06th August 2013 and on such subsequent dates as may be fixed in this behalf by the office. In the meanwhile, the substantive portion of the jail sentence shall remain suspended till hearing of the appeal. Cc. as per rules.