DINESH KUMAR PALIWAL,J. - (1.)Heard on I.A. No.25493/2022, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant pending the appeal.
(2.)Appellant has been convicted for commission of offence under Sec. 326 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs.2000.00 with default stipulations vide judgment dtd. 20/12/2022 passed in S.T. No.9/2018 (State of M.P. vs. Kuwar Singh) by ASJ, Khandwa.
(3.)Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of appellant till 5/2/2023. It is further submitted that appellant has a fair chances to succeed in this appeal as learned trial Court has not properly appreciated the evidence of prosecution witnesses having lot of contradictions and omissions. Hence, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.