JUDGMENT

Subodh abhyankar, J. - Heard on I.a.No.4818/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant Rakesh s/o Kaliya Bhil.

The appellant has been convicted vide judgment dated 15.3.2022 passed in S.T.No.191/2017 and sentenced him as under:-

Counsel for the appellant has submitted that the appellant was released on regular bail during trial and previously his custodial sentence has already been suspended by the trial Court itself up to 13.4.2022 and there is no possibility of early hearing of this criminal appeal before this Court, hence it is prayed that custodial sentence of the appellant be suspended during the pendency of this criminal appeal.

Counsel for the respondent/State, on the other hand, has opposed the prayer and prayed for its rejection.

On due consideration of the rival submissions of the parties, without commenting on the merits of the case, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to suspend the jail sentence of the