AI Structured Summary
Not yet generated for this judgment
Judgment
J. P. Gupta, J
Heard on admission.
Record of the trial court be called for immediately.
Heard on I.A.No.10906/2020 filed by the appellant / accused under section 389 (1) of Cr.P.C. for suspension of his jail sentence and grant of bail filed on behalf of the appellant.
The appellant - accused has filed this appeal against the conviction and sentence dated 19.5.2020 passed by VIth Addl. Sessions Judge, Sagar in S. T. No.149/2017 convicting the appellant / accused under section 325 of the IPC and sentencing him to undergo RI for 3 years along with fine of Rs.2000/-, with default stipulation as mentioned in the impugned judgment.
It is submitted that during the trial the appellant was on bail and the learned trial court has already granted bail to the appellant till 30.9.2020 but on account of non-functioning of Courts due to Covid-19 pandemic, he did not surrender and there was no order on this application. Looking to the short period of sentence, if the sentence is not suspended, his right to appeal will be futile. Hence, sentence be suspended and he be enlarged on bail.
In the circumstances, looking to the short period of sentence, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Vinod shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court for his further appearance on 16.12.2020 and thereafter, on all the dates as may be fixed by the trial court subject to final order on the application. immediately after receiving of the record.
CC as per rules.