Point of Law: Suspension of sentence imposed - Appellant was on bail during trial and he did not misuse his liberty of bail - Appeal is likely to take considerable time, application for suspension of sentence of co-accused Ganesh Meena has already been allowed.

ORDER

1. Appellant has filed this application for suspension of sentence under Section 389 Cr.P.C.

2. It is contended by learned counsel for the appellant that there is no legally admissible evidence on record against the appellant and he has been convicted on surmises and conjectures only. File submitted that the appellant was on bail during trial and he did not misuse his liberty of bail. Fie submitted that the appellant is in custody since 26.02.2021, hearing of the appeal is likely to take considerable time, application for suspension of sentence of co-accused Ganesh Meena has already been allowed by this Court and prayed for suspension of sentence of appellant during pendency of the appeal.

3. Learned Public Prosecutor assisted by learned counsel for the complainant has opposed the application for suspension of sentence.

4. Heard learned counsels for the parties and perused the record.

5. Looking to the nature of allegation against the appellant, he being on bail during trial and release of co-accused Ganesh Meena on bail; but, without expressing any opinion on the merits of the case, this court deems it just and proper to suspend the sentence awarded to the appellant vide judgment dated 26.02.2021, till disposal of the appeal.

6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant Mohit Taneniya S/o Shri Chotelalin Sessions Case No.135/2018 (41/2018) shall remain suspended till disposal of the appeal, provided, the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) and two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on or before 19.07.2021 and as and when called upon to do so.