JUDGMENT Dinesh Kumar Paliwal, J. - Trial court record has been received. 2. Appellant's wife is heard on I.A.No.19286/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant Rajesh Awasthi pending the appeal. 3. The appellant has been convicted for commission of offence under Section 307/34 of IPC and sentenced to undergo for 05 years R.I. and fine of Rs.5000/- with default stipulation vide judgment dated 29.09..2022 passed in S.T.No.25/2011 by Additional Sessions Judge/Special Judge (Electricity Act) Court No.No.8 District Jabalpur. 4. Appellant's wife has submitted that appellant (her husband) has not caused any injury to the injured. The allegation of causing injury which is alleged to be life threatening is against Ganesh Awasthi. The only allegation against the present appellant is that he had exploded "Suarmaar bomb" by throwing the same on wall but in that offence he has been acquitted. He has not caused any life threatening injury. Appellant has fair chance to succeed in appeal. He has already suffered incarceration almost for a period of more than six months. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that appellant be released on bail. 5. None is present for the respondent/State. 6. I have gone through the impugned judgment and findings recorded therein by the learned trial Court. The main allegation of causing injury on the head of injured is against Ganesh Awasthi. The only allegation against the present appellant is that he was present with Ganesh Awasthi. There is no possibility of coming of this appeal for hearing in near future. Therefore, considering the evidence of injured and other witnesses and looking to the findings recorded by the learned trial court, I deem it proper to suspend the remaining jail sentence of the appellant Rajesh Awasthi. 7. Consequently, I.A.No.19286/2022 is allowed. The execution of jail sentence of appellant Rajesh Awasthi is hereby suspended subject to depositing the fine amount, (if not already deposited).
7. Consequently, I.A.No.19286/2022 is allowed. The execution of jail sentence of appellant Rajesh Awasthi is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 22.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal. 8. List the case for hearing on admission on 27.04.2022. 9. Certified copy as per rules.