The court has the discretion to suspend jail sentence and grant bail under Section 389 of Cr.P.C. based on the evidence available and practical considerations regarding the final disposal of the appeal.

JUDGMENT

1. Heard on I.A. No.3178/2023, which is first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant - Gulab.

2. Learned Trial Court has convicted the appellant under Sections 25(1-B)(A) of Arms Act and 51 of Wild Life Protection Act and sentenced him to undergo RI for 3 years and 3 years with fine of Rs.10,000/- and Rs.10,000/- respectively with default stipulations, vide judgment of conviction and order of sentence dated 10.02.2023 passed by the II ASJ, Bagli, District-Dewas in S.T. No.32 of 2021.

3. As per prosecution case, on 04/02/2021 deceased Madanlal Verma was on duty in Ratanpur Beet of Punjapura Jungle Area but after duty hours, he did not come back to home. Thereafter upon search deceased was laying near his motor-cycle and found that he has been shot and is dead. Police recovered some meat and skull of deer from the possession of present appellant, therefore, offence has been registered against him under the aforementioned Sections.

4. Learned counsel for the appellant submitted that appellant is in jail from the date of his arrest and has suffered incarceration of more than 22years and 1 month out of 3 years RI. His custodial interrogation is not required now. Final hearing of this appeal is not possible in near future, therefore, it is prayed that the remaining part of sentence may be suspended and the appellant may be released on bail.

5. Learned Government Advocate for the respondent/State has opposed the prayer and prays for rejection of the application.

6. We have heard learned counsel for both the parties and perused the record.

7. Looking to the evidence available on record coupled with the fact that final disposal of this appeal is not possible in near future, without expressing any opinion on the merits of the case, I.A.No.3178/2023 is allowed and jail sentence of the appellant shall remain suspended. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 01.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List the matter for final hearing in due course.

9. Certified copy as per rules.