The court has the discretion to suspend the jail sentence of an appellant under Section 389 of Cr.P.C, subject to certain conditions.

Headnote:
Suspension of Sentence - Criminal Law - The court allowed the application for suspension of sentence under Section 389 of Cr.P.C, directing the suspension of the jail sentence of the appellant subject to certain conditions.
Fact of the Case:

The appellant was convicted for offences under Sections 506 (2) of IPC and under Section 11 r/w 012 of POCSO Act and sentenced to undergo 1-1 years with fine of Rs.1000 and 1000/- for each offence. The appellant applied for suspension of sentence under Section 389 of Cr.P.C.
Finding of the Court:

The court, after considering the submissions and perusal of the record, allowed the application for suspension of sentence, directing the suspension of the jail sentence of the appellant subject to certain conditions.
Issues: Application for suspension of sentence under Section 389 of Cr.P.C.
Ratio Decidendi: The court found it appropriate to suspend the jail sentence of the appellant, considering the fact that the jail sentence was already suspended and subject to certain conditions.
Final Decision: The court allowed the application for suspension of sentence and directed the suspension of the jail sentence of the appellant subject to certain conditions.

JUDGMENT

Rajendra Kumar (Verma), J. - Also heard on I.A No.16600/2022 which is an application under Section 389 of Cr.P.C for suspension of sentence moved on behalf of appellant.

2. The appellant has been convicted for offence under Sections 506 (2) of IPC and under Section 11 r/w 012 of POCSO Act and sentenced to undergo 1-1 years with fine of Rs.1000 and 1000/- for each offence with default stipulations.

3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of the appellant has been suspended by the Trial Court till 13.01.2023 and during bail he did not misuse the liberty granted to him. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

4. Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

5. I n due consideration of the submissions made on behalf of the appellants, on perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.

6. Accordingly, I.A No.16600/2022 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

7. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 18.01.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

8. Certified copy, as per rules.

9. Let the record of the Court below be requisitioned.

10. List in due course for final hearing.

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