Suspension of sentence granted pending appeal based on the Appellant's prior bail status and the acquittal of co-accused, highlighting concerns over the conviction's validity.

ORDER :

Crl. M.A. 1251/2025 

1. Allowed subject to all just exceptions.

2. The Application is disposed of.

Crl. M. (B) 98/2025

3. The present Application under Section 389 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Appellant seeking suspension of sentence during pendency of the present Appeal.

4. The Appellant vide Judgment dated 20.12.2024, has been held guilty of committing offence under Section 120B read with Sections 420/468/471 of the Indian Penal Code, 1860  (hereinafter referred to as the ‘IPC’). He has also been held guilty for committing substantial offence under Sections 420/511/468/471 IPC. Vide Order on Sentence dated 03.01.2025, the Appellant has been directed to undergo Rigorous Imprisonment of six months with fine of Rs.3,00,000/- in default of payment of fine, to undergo Simple Imprisonment for three months for the offence under Section 120B r/w Section 420/468/471 IPC. Besides, Appellant has also been sentenced to undergo Rigorous Imprisonment for six months and pay fine of Rs.1,00,000/- in default two months Simple Imprisonment for offence under Section 420/511 IPC; Rigorous Imprisonment for three years with fine of Rs.1,00,000/- and in default six months Simple Imprisonment for offence under Section 468 IPC and Rigorous Imprisonment for Two years with fine of Rs.1,00,000/- in default four months Simple Imprisonment for offence under Section 471 IPC. All the sentences have been directed to run concurrently.

5. Learned Senior Counsel appearing on behalf of the Appellant has submitted that all throughout the trial, the Appellant was on bail. All other accused have been acquitted of the substantial offences under Section 420/468/471 read with Section 468 IPC and Sections 468/420/522 IPC, but the Appellant is convicted under Section 120 B IPC. Moreover, it was observed that there was no forgery of any document, despite which the Appellant has been convicted for substantive offences under these Sections.

6. Learned Senior Counsel has further submitted that during the trial Appellant has remained on bail and vide Order on Sentence dated 03.01.2025, the sentence awarded to the Appellant is suspended under Section 389(1) Cr.P.C. which is expiring on 03.02.2025.

7. Learned Additional Public Prosecutor for Respondent-State has submitted that though Appellant has remained on bail all through the Trial but he has rightly been sentenced vide impugned Judgment and this Application deserves to be rejected.

8. Considering the Judgment dated 20.12.2024, the sentence awarded to the Appellant is suspended during pendency of the present Appeal, subject to the following conditions:-

a) The Appellant/accused shall furnish a personal bond in the sum of Rs.35,0000/- with one surety of the like amount to the satisfaction of the Trial Court/Duty Magistrate and further subject to the condition that the Appellant/accused and the Surety of the Appellant will keep their mobile phones in active mode during the period of suspension of sentence so that if required the Appellant/accused may be contacted.

b) In case of change of residential address and/or mobile phone numbers, the same will be intimated to this Court, by way of an affidavit.

c) Every time the appellant travels abroad, he shall submit itinerary with his address, at the time of contact, before the Trial court.

9. With aforesaid Conditions, the present Application is disposed of.

CRL. A. 55/2025 

10. List for hearing on 29.04.2025.