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Judgment
8 paragraphs · 278 wordsPrem Narayan Singh, J
Heard on I.A. No.1920/2024, which is an application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellants.
The appellant has been convicted under Section 323 of IPC, 1989 and sentenced to undergo 3-3 months R.I. for each of the offence with fine of Rs.500/- & Rs.500/- respectively and default stipulations.
3 . Learned counsel for the appellants submits that the trial Court has committed an error in appreciating the evidence and convicting the appellant. It is submitted that the sentences of the appellants are already suspended by the trial Court. There is no likelihood final hearing of this appeal. Hence, remaining jail sentence of the appellant may be suspended.
Learned Government Advocate for the respondent/State opposes the prayer and prays for its rejection.
Considering all the facts and circumstances of the case and looking to the fact that sentences of the appellants are already suspended, I find it to be a fit case to suspend the custodial sentences of the appellants.
Accordingly, the application stands allowed and it is directed that the execution of jail sentence awarded to the appellants shall remain suspended till final disposal of the appeal, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before Registry of this Court on 22.04.2024 and on such other dates as may be fixed by the Registry in this regard.
Accordingly, IA No.1920/2024 stands allowed and disposed of.