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Judgment
Heard on I.A.No.2465/2020, a n application f o r suspension of sentence and grant of bail to the appellant.
The trial Court has convicted the appellant under Section 394 of the IPC and sentenced him to rigorous imprisonment for 5 years with fine of Rs.2,000/-, with default stipulations.
Learned counsel for the appellant has submitted that there are various contradictions, omissions and improvements in the version of the prosecution witnesses. It is further submitted that the appellant has served out more than one years of his terms of imprisonment. The disposal of this appeal will take a long time. In view of the aforesaid, prayer has been made to suspend the jail sentence of the appellant and to grant him bail.
Learned counsel f o r t h e respondent h a s vehemently opposed the application for suspension of sentence and grant of bail.
On going through the order sheets of the trial Court, it appears that since the date of arrest appellant was in judicial custody. He was directed to be enlarged on bail vide order dated 29/10/2019. He furnished the bail bond on 30/10/2018. Later on, he became absent, therefore an arrest warrant was issued against the appellant on 24/04/2019. In compliance of the arrest warrant, appellant has been produced before the Court on 03/07/2019 by the concerning police and he was taken into custody. Since then, till the date of judgment which was pronounced on 11/12/2019 he remained in judicial custody.
Considering the facts and circumstances of the case and the conduct of the appellant, at this stage, I am not inclined to suspend the jail sentence of the appellant and to grant him bail.
Consequently, I.A.No.2465/2020, an application f o r suspension of sentence and grant of bail is hereby dismissed.