JUDGMENT :

CHANDER SHEKHAR, J.

CRL.M.A. 33858/2018

1. The petitioner No.2 has moved the present application for exemption from surrendering and granting suspension of sentence during the pendency of the present revision petition.

2. In the present case, the learned Metropolitan Magistrate announced the judgment on 19.2.2014 and passed the order on sentence on 28.2.2014. The relevant portion of the order on sentence dated 28.2.2014 is reproduced below:

“the convict No. 1 i.e. Pritika Fashions is sentenced to pay fine of Rs. 34,00,000/- as compensation to the complainant u/s 357(3) Cr.P.C. Convict No. 2 is sentenced to simple imprisonment of 3 months along with fine of Rs. 10,000/-, in default of payment of fine, he shall undergo simple imprisonment of 2 months.”

3. The petitioner No.2 filed an appeal under Section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) being Criminal Appeal No.17/2014 against the aforesaid judgment and the Appellate Court, on receipt of the fresh appeal vide order dated 31.3.2014 passed the following order:

“Heard.

Appeal is admitted. Application for suspension of sentence is allowed for reason stated therein and sentence is suspended during the pendency of t