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Judgment
Vishal Dhagat, J
Records of the trial Court be called for.
Appellant has filed I.A. No. 10702/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
Appellant has been convicted under Section 354 of Indian Penal Code and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, with default stipulation of R.I. for 1 month.
Learned counsel appearing for the appellant submitted that sentence has been suspended by the trial court till 12.05.2024. It is submitted that appellant has been convicted for fixed short term sentence. Appeal is likely to take some time for hearing. Considering the short and fixed term of sentence, appellant's sentence be suspended and he may be released on bail.
Learned Government Advocate appearing for the State has opposed the application for suspension of sentence.
Heard the learned counsel for the parties.
Considering the short and fixed term of sentence and the fact that appellant is already on bail, I.A. for suspension of sentence is allowed. It is directed that remaining part of the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and appellant shall be released on bail, on his depositing the entire amount of fine, if n o t already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29.07.2024 and all other subsequent dates, as may be fixed by the Registry in this regard.
List the matter for admission after receipt of record.
C.C. as per rules.