(Samrath Vs. State of M.P.)
Indore : Dated 14.8.2019
Ms. Rashmi Pandit, learned counsel for the appellant.
Shri Ambar Pare, learned Govt.Advocate for the respondent/State.
Let record of the trial Court be requisitioned.
Heard on I.A.No.6652/2019, an application for suspension of
The appellant has been convicted under Section 354 IPC and
sentenced to undergo one year RI with fine of Rs.2,000/- with default
stipulation, vide judgment dated 12.7.2019 passed by Special Judge (SC,
SectionST Act), Ujjain in Spl.S.T.No.118/2015.
It is submitted that learned trial Court has wrongly convicted the
appellant. The learned trial Court has not properly appreciated the
evidence. The appellant was on bail during trial and he has not misused
the liberty and the trial Court has already suspended the sentence till
12.8.2019. The disposal of appeal will take time, hence prayed for
suspension of execution of jail sentence.
The prayer is opposed by the learned Govt.Advocate.
Taking into consideration that the appellant was on bail and he has
not misused the liberty, the disposal of appeal will take time, subject to
depositing the fine amount, the application is allowed. It is directed that
the jail sentence of the appellant shall remain suspended and he be
released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rs.Fifty thousand only) with one solvent surety in the like
amount to the satisfaction of the trial Court. The appellant is directed to
appear before the Registry of this Court on 16.9.2019 and on other
subsequent dates as may be fixed in this behalf.
Accordingly, the IA stands disposed of.
C.c.as per rules.
by Shailesh Patil