The court has the discretion to suspend the jail sentence and grant bail to appellants pending appeal, considering the nature of the sentence and the likelihood of success in the appeal.

Headnote:
Bail - Conviction under IPC - Suspension of Sentence - Fair chance of success in appeal
Fact of the Case:

The appellants were convicted for various offences under the Indian Penal Code and sentenced to jail with fines. They applied for suspension of sentence and grant of bail, citing the short nature of the sentence and the possibility of success in the appeal.
Finding of the Court:

The court considered the short nature of the sentence and the delay in hearing the appeal, and decided to suspend the remaining jail sentence of the appellants and release them on bail.
Issues: The main issue was whether the appellants should be granted bail and their jail sentence suspended pending the appeal.
Ratio Decidendi: The court considered the likelihood of success in the appeal, the short nature of the sentence, and the delay in the appeal process in reaching its decision to suspend the remaining jail sentence and grant bail to the appellants.
Final Decision: The court allowed the application for suspension of sentence and granted bail to the appellants, subject to depositing the fine amount and furnishing a personal bond with surety.

JUDGMENT

Dinesh Kumar Paliwal, J. - Heard on I.A. No.25425/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

2. Appellants have been convicted for commission of offence under Sections 148, 325/149 (2 counts), 323/149 (3 counts) of IPC and have been sentenced to undergo R.I. for 6 months and fine of Rs.500/-, R. I. for 1 year and fine of Rs.1000/- and R.I. for 6 months and fine of Rs.500/- each with default stipulations vide judgment dated 15.12.2022 passed in SCATR No.200056/2015 (State of M.P. vs. Pappu @ Shivshankar and others) by Special Judge SC/ST (Prevention of Atrocities) Act, Sagar District Sagar.

3. Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have 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 the appellants till 13.01.2023. It is submitted that prosecution had not been successful before the trial Court to prove the case. Trial Court has not properly appreciated the evidence of the prosecution. Therefore, appellants have a fair chance to succeed in this appeal. Hence, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

4. On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellants.

5. Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

6. Consequently, I.A. No.25425/2022 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 12.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

7. List this case for arguments on admission after receipt of record.

Certified copy as per rules.

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