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2022 DIGILAW 1560 (MP)

Ishwar v. State of Madhya Pradesh

2022-12-19

RAJENDRA KUMAR VERMA

body2022
JUDGMENT Rajendra Kumar (Verma), J. - Heard on the question of admission. 2. Admit. 3. Let the record of Courts below be requisitioned. 4. Also heard on I.A.No.16205/2022 which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant. 5. The appellant has been convicted for offence under Section 307 of IPC and sentenced to undergo 2 years R.I. with fine of Rs.7,000/- with default stipulation. 6. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the alleged offence. It is also submitted that the learned trial Court failed to consider the material and important contradictions and omissions in the statements of the prosecution witnesses. 7. The jail sentence of the appellant has been suspended by the trial Court till 04.01.2023 and during bail he did not misuse the liberty granted to him. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed. 8. Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection. 9. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record and short sentence awarded to the appellant, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed. 10. Accordingly, I.A.No.16205/2022 is allowed and it is directed that subject to depositing the fine amount and on furnishing 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, the execution of jail sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 20.02.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard. 11. List the matter for final hearing in due course. 12. I.A.No.16205//2022 stands allowed and disposed off. Certified copy as per rules.