The court has the discretion to suspend a jail sentence based on the facts and circumstances of the case, and the likelihood of the final hearing of the appeal taking a sufficient long time.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of jail sentence filed on behalf of the appellant, subject to depositing the fine amount and furnishing a personal bond with one solvent surety, till the final disposal of the appeal.
Fact of the Case:

The appellant was convicted for an offence under Section 307 of IPC and sentenced to undergo 2 years R.I. with a fine of Rs.7,000/- with default stipulation. The appellant filed an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail, claiming innocence and alleging false implication.
Finding of the Court:

The court, after considering the arguments of both parties, the facts and circumstances of the case, and the short sentence awarded to the appellant, allowed the application for suspension of jail sentence, subject to certain conditions.
Issues: The issues involved the appellant's innocence, alleged false implication, and the request for suspension of sentence and grant of bail.
Ratio Decidendi: The court's decision was influenced by the appellant's claim of innocence, the short sentence awarded, and the likelihood of the final hearing of the appeal taking a sufficient long time.
Final Decision: The court allowed the application for suspension of jail sentence, subject to certain conditions, and listed the matter for final hearing in due course.

JUDGMENT

Rajendra Kumar (Verma), J. - Heard on the question of admission.

2. Admit.

3. Let the record of Courts below be requisitioned.

4. Also heard on I.A.No.16205/2022 which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.

5. The appellant has been convicted for offence under Section 307 of IPC and sentenced to undergo 2 years R.I. with fine of Rs.7,000/- with default stipulation.

6. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the alleged offence. It is also submitted that the learned trial Court failed to consider the material and important contradictions and omissions in the statements of the prosecution witnesses.

7. The jail sentence of the appellant has been suspended by the trial Court till 04.01.2023 and during bail he did not misuse the liberty granted to him. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

8. Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection.

9. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record and short sentence awarded to the appellant, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

10. Accordingly, I.A.No.16205/2022 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 20.02.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

11. List the matter for final hearing in due course.

12. I.A.No.16205//2022 stands allowed and disposed off.

Certified copy as per rules.

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