Alok Awasthi, J
Heard on the question of admission.
Admit.
Also heard on I.A.No.18130/2025, which is first application filed under Section 430 of BNSS (389 of Cr.P.C) for suspension of sentence on behalf of appellants -1. Ramlal, 2. Praveen, 3. Balkrishna, 4. Mamta & 5. Shakubai.
Appellants stand convicted under Sections 323/34 & 325/34 of I.P.C. and sentenced to undergo for fine of Rs.1,000/- and for 03 years R.I. with fine of Rs. 3,000/- respectively with default stipulation.
Learned counsel for the appellants submits that appellants are innocent and have been falsely implicated in this matter. Trial Court has not appreciated the evidence in its right perspective. There are material contradictions and omissions in the statement of the witnesses. Impugned judgement suffers from surmises and conjectures and has been passed ignoring serious infirmities and anomalies. The appeal being of the year 2025 is not likely to be heard finally in near future. There is a strong case in favour of the appellants. Hence, under such circumstances prayer is made for suspension of jail sentence and grant of bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.
Looking to the facts and circumstances of the case, contention of learned counsel for the appellants, looking to the short sentence, without commenting on the merits of the case, the application is allowed.
It is directed that subject to depositing the fine amount, if already not deposited, the appellants be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 20.04.2026 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
The application for suspension of sentence stands allowed and disposed of.
In view of the aforesaid, I.A. No. 18129/2025 stands disposed of.
List the mater for final hearing in due course.
Certified copy, as per Rules.
