The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.

Headnote:
[SUSPENSION] - [CRIMINAL PROCEDURE] - [The court granted the application for suspension of sentence under Section 389 of Cr.P.C., allowing the appellant's sentence to be suspended during the appeal process, emphasizing the importance of balancing the rights of the accused with the interests of justice.]
Fact of the Case:

The applicant/appellant, Roopa @ Roop Singh, sought suspension of his sentence awarded by the Special Judge under the SC/ST (POA) Act, arguing that he was on bail during the trial and that the appeal process would take considerable time.
Finding of the Court:

The court considered the arguments from both the applicant/appellant and the Public Prosecutor, ultimately deciding to suspend the sentence without expressing any opinion on the merits of the case.
Issues: Whether the sentence awarded to the applicant/appellant should be suspended during the pendency of the appeal.
Ratio Decidendi: The court found it just and proper to suspend the sentence based on the overall facts and circumstances of the case, highlighting the procedural rights of the appellant.
Result: The application for suspension of sentence was allowed, with the condition that the appellant furnish a personal bond and sureties.

JUDGMENT

Chandra Kumar Songara, J. - This application for suspension of sentence has been preferred on behalf of the applicant/appellant under Section 389 of Cr.P.C. to suspend the sentence awarded by Learned Special Judge, SC/ST (POA) Act Cases, Karauli(Raj.) vide its judgment dated 28.09.2021 in Sessions Case No.59/2014 (CIS No. 3190/2014).

2. Learned counsel appearing for the applicant/appellant submits that the applicant/appellant was on bail during trial and his sentence has already been suspended by the learned trial court after judgment and order of conviction. Looking to the pendency of the appeals before this court, hearing of the appeal will take considerable time. Hence, sentence awarded to the applicant/appellant may be suspended during pendency of the appeal.

3. On the other hand, learned Public Prosecutor appearing for the State, has opposed the application for suspension of sentence.

4. Heard learned counsel appearing for the applicant/appellant as well as learned Public Prosecutor and perused the material made available on record.

5. Considering the submissions made by learned counsel appearing for the applicant/appellant and overall facts and circumstances of the case; but without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to suspend the sentence awarded to the applicant/appellant.

6. Accordingly, the application for suspension of sentence is allowed and it is ordered that execution of the sentence awarded by the trial court to the applicant/appellant, namely Roopa @ Roop Singh S/o Ramkhiladi Gurjar shall remain suspended during the pendency of appeal; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 18.11.2021 thereafter as and when called upon to do so.

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