The court established that the suspension of sentence can be granted based on the applicant's circumstances, including prior bail and the potential delay in the judicial process.

Headnote:
SUSPENSION - SENTENCE - The court allowed the suspension of the applicant's sentence pending the petition, emphasizing the applicant's prior bail status and the prolonged duration of incarceration, while requiring a personal bond and sureties for compliance.
Fact of the Case:

The applicant was convicted for offences under Sections 279, 337, and 304A of IPC, receiving sentences of simple imprisonment and fines. The appeal against the conviction was dismissed by the appellate court, leading to the current application for suspension of sentence.
Finding of the Court:

The court found merit in the applicant's request for suspension of sentence, considering the time spent in custody and the likelihood of a lengthy revision process.
Issues: Whether the applicant's sentence should be suspended during the pendency of the petition given the circumstances of the case.
Ratio Decidendi: The court determined that the applicant's prior bail status and the extended duration of imprisonment warranted the suspension of the sentence, provided certain conditions were met.
Result: The application for suspension of sentence was granted, subject to the applicant furnishing a personal bond and sureties.

JUDGMENT

Uma Shanker Vyas, J. - This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

2. Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 28.09.2018 for the offence under Section(s) 279, 337 & 304A of IPC and sentenced as under:-

3. For offence under Section 279 IPC ? simple imprisonment of three months with fine of Rs. 500/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days.

4. For offence under Section 337 IPC ? simple imprisonment of three months with fine of Rs. 500/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days.

5. For offence under Section 304A IPC ? simple imprisonment of two years with fine of Rs. 1000/-; in default of payment of fine, to further undergo simple imprisonment of one month.

6. The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 01.10.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court.

7. Learned counsel further submits that the accused applicant was on bail during trial and he is behind bars since long. The disposal of the revision is likely to take long time. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

8. Learned Public Prosecutor has opposed same.

9. Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Prabhulal S/o Shri Motilal by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 15th December, 2021 and thereafter as and when called upon to do so.

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