Full Judgment
Criminal Appeal No.697/2008 9.5.2013 Shri Sanjay Patel, Advocate for appellants.
Shri Akshay Namdeo, PL for the State.
The appellants are produced from Central Jail, Sagar in compliance of warrant of arrest issued by this Court.
Heard on I.A.No.10314/2013, which is an application under section 389(1) of Cr.P.C.for suspension of jail sentence and grant of bail to the appellants.
Appellant No.1 has been convicted by the trial Court under Section 326 of the IPC and sentenced to R.I.for 3 years and fine of Rs.5000/- with default stipulation and Appellant No.2 has been convicted by the trial Court under Section 324 of the IPC and sentenced to R.I.for 1 year and fine of Rs.1000/- with default stipulation Learned counsel for the appellants has submitted that the jail sentence of the appellant was suspended by this Court vide order dated 28.3.2008.
Thereafter, the appellants could not appear before the registry on the dates which were fixed for their appearance, therefore, warrant of arrest was issued against the appellants and in compliance of the same, they have been sent to the jail.
The appellants are in jail and there is no possibility of hearing of this appeal in near future, therefore, the jail sentence of appellants be suspended and they be released on bail.
Learned counsel for the State has opposed the application.
On due consideration of the contention raised by the learned counsel for the appellants and overall facts and circumstances of the case, I am of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellants, therefore, without commenting on the merits of the case, I.A.No.10314/2013 is allowed.
Remaining jail sentence of appellants is hereby suspended and it is directed that subject to depositing the fine amount and furnishing the personal bond in a sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the appellants shall be released on bail with further direction to appear before the registry of this Court firstly on 25.9.2013 and also on such other dates as may be fixed by the registry in this regard during the pendency of this appeal.
Appellants are directed to be sent back to the jail along with the same escort with the direction that they be released forthwith after receiving the releasing order from the trial Court.
List the case for final hearing in due course.
Certified copy as per rules.
(G.S.Solanki) Judge PB