Bail is granted based on the time already served and the nature of the sentence, pending appeal decision.

ORDER

1. Leave granted.

2. Heard Mr. Chandrika Prasad Mishra, learned counsel appearing for the appellant and Mr.Surjeet Singh, learned counsel appearing on advance notice on behalf of the State.

3. The High Court has denied suspension of sentence under Section 389 (1) of the Code of Criminal Procedure /430(1) of the Bharatiya Nagarik Suraksha Sanhita , 2023 to the appellant who has been convicted for the offences punishable under Sections 420 , 465, 468, 471 & 487 and 488 of the Indian Penal Code along with Section 104 of the Trade Marks Act by the learned Additional Sessions Judge, Rampur Baghelan, District Satna, Madhya Pradesh along with fine of Rs.54,000/- (Rupees Fifty Four Thousand).

4. Learned counsel for the appellant submits that it is a case of fixed sentence of 5 years and the appeal in the High Court is of 2025 which is unlikely to be heard in the near future.

5. Learned counsel for the appellant submits that he is already undergone about 8 months as on today.

6. Considering the fact and circumstances and the fixed sentence that has been imposed and the period already undergone by the appellant and also the time that will be taken for hearing the appeal, we are inclined to set aside the impugned order and enlarge the appellant on bail, pending disposal of the appeal before the High Court.

7. Accordingly, the sentence imposed on the appellant is suspended and the appellant is enlarged on bail subject to the satisfaction of the learned Additional Sessions Judge, Rampur Baghelan, District Satna, Madhya Pradesh in Sessions Trial No.253/2018 on such terms and conditions as the concerned Trial Judge may impose, pending disposal of the appeal before the High Court.

8. The appeal is disposed of in the above terms.

9. Pending application(s), if any, shall also stand disposed of.

ORDER

1. Leave granted.

2. The appeal is disposed of in terms of the signed order, which is placed on the file.

3. Pending application(s), if any, shall also stand disposed of.