AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 341 wordsVishal Dhagat, J
Heard on admission.
Appeal is admitted for final hearing.
Appellant has filed I.A. No.3132/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
Appellant has been convicted under Sections 326 of IPC & 25(1-B)(B) of Arms Act and sentenced to undergo R.I. for 3 years & R.I.for 2 years alongwith fine amount with default stipulations.
It is submitted by learned counsel for the appellant that appellant is on bail till 12nd of February, 2024. Appellant is sentenced for a fixed short terms sentence. There is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellant. In these circumstances, sentence may be suspended and appellant may be released on bail.
Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.
Heard the counsel for the parties.
Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances. Considering the aforesaid judgment passed by Apex Court and the fact that fixed term sentence has been imposed against the appellants and the nature of offence, I.A. for suspension of sentence is allowed.
It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 18.04.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.
List the appeal for final hearing in due course.
C.C. as per rules.