JUDGMENT Satyendra Kumar Singh, J. - Heard on I.A.No.5272/2023, first application under Section 389(1) of CrPC for grant of suspension of sentence filed on behalf of appellants No. 3, 9, and 11, namely, Parasram, Bhikam Singh and Harisingh respectively. 2. The Trial Court has convicted the aforesaid appellants under Sections 147 of IPC and sentenced to undergo three months RI with fine of Rs.100/, under Section 148 of IPC and sentenced to undergo six months imprisonment with fine of Rs.300/-, under Section 323/149 (three count) of IPC and sentenced to undergo six-six months RI with fine of Rs.300/- (three count) and under Section 307/149 (two count) of IPC and sentenced to undergo 5-5 years RI with fine of Rs.1,000/- (two count) with default stipulation, vide judgment of conviction and order of sentence dated 18.11.2022 passed in Sessions Trial No.159/2016 by Additional Sessions Judge, Lateri, District Vidisha. 3. Learned counsel for the appellants submits that it has been alleged against the appellants No. 3,9 and 11 that at the time of incident, they along with other co-accused persons armed with Lathi and Farsi assaulted the complainant's father Preetam and uncle Pratap Singh and when complainant along with his aunt Sharda Bai tried to intervene, then they also assaulted them and caused grievous injuries to all of them. He further submits that it is alleged against appellant No.9 that he assaulted Preetam on his head with Farsi but no such injury was found on his body. Statement of Preetam has not been recorded. All the injuries found on the body of the injured persons were simple in nature. All other co-accused persons have already been enlarged on bail. Appellant's case is similar to that of co-accused, therefore, the present appellants are also entitled for bail on the ground of parity. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the present appellants. 4. Learned counsel for the respondent/State has opposed the prayer. 5. Heard learned counsel for both the parties and perused the record. 6.
There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the present appellants. 4. Learned counsel for the respondent/State has opposed the prayer. 5. Heard learned counsel for both the parties and perused the record. 6. Having considered the rival submissions, material available on record, specially with regard to the nature of injuries and act attributed to the appellants and also considering the fact that the appellants have already suffered 8-9 months incarceration and there is no likelihood of hearing of this appeal in the near future, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellants shall remain suspended. 7. It is directed that subject to depositing the fine amount, if already not deposited, appellants No.3, 9, and 11 shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount each to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 15.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal. 8. I.A.No.5272/2023 is allowed. 9. C.C. as per rules.