Full Judgment
Criminal Appeal No.2130/2013 4/09/2013 Shri Ajay Mishra, Advocate for the appellants.
Heard on the question of admission.
Admit.
Shri Ashutosh Tiwari, PL accepts notice on behalf of the respondent/State.
Record of the court below be called for.
Also heard on I.A.No.19527/13, an application for suspension of jail sentence and grant of bail to the appellants.
Appellants have been convicted by the trial Court under sections 324, 324/34, 326, 326/34 of IPC and sentenced to RI for 1 year & fine of Rs.1000/-, RI for 1 year & fine of Rs.1000/-, RI for 3 years & fine of Rs.3000/-, RI for 3 years & fine of Rs.3000/- with default stipulations.
Learned counsel for the appellants submits that trial Court has already suspended the jail sentence of appellants till 7/09/2013.
The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to the appellants.
Learned counsel for the State opposes the application.
On due consideration of the contentions raised by the learned counsel for the parties alongwith the fact that trial Court has already suspended the jail sentence of appellants without commenting on merits, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to them therefore, application is allowed.
Remaining jail sentence of appellants is hereby suspended and it it is directed that they shall be released on bail subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) each with one surety in the like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 18th of February, 2014 and on such subsequent dates as may be fixed by the registry in this regard, which shall not be less than the period of 6 months till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin