The court has the discretion to suspend the custodial part of a sentence under Section 389 of Cr.P.C, considering factors such as the likelihood of appeal hearing and the conduct of the appellants during bail.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of sentence under Section 389 of Cr.P.C, directing the appellants to deposit the fine amount, furnish personal bond, and mark their presence before the trial court for the custodial part of the remaining sentence to remain suspended till the final disposal of the appeal.
Fact of the Case:

The appellants were convicted for various offences under the Indian Penal Code and sought suspension of their sentences through an application under Section 389 of Cr.P.C.
Finding of the Court:

The court, after considering the submissions and perusing the record, allowed the application for suspension of sentence, directing the conditions for the custodial part of the remaining sentence to remain suspended till the final disposal of the appeal.
Issues: Admission of appeal, application for suspension of sentence and grant of bail, innocence of the appellants, opposition by the State, and likelihood of hearing of appeal in near future.
Ratio Decidendi: The court's decision was influenced by the fact that the jail sentence of the appellants was already suspended by the trial Court, and there was no misuse of liberty during bail. The court also considered the likelihood of the hearing of the appeal in the near future.
Final Decision: The court allowed the application for suspension of sentence, subject to the appellants depositing the fine amount, furnishing personal bond, and marking their presence before the trial court for the custodial part of the remaining sentence to remain suspended till the final disposal of the appeal.

JUDGMENT

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

2. Appeal is admitted for hearing.

3. Also heard on I.A No.8054/2023, which is an application under Section 389 of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellants.

4. The appellant no.1 Devki has been convicted for offence under Sections 324 and 341 of IPC and sentenced to undergo R.I. for one year and S.I. for 15 days and fine of Rs.1,000/- and appellants namely Neeraj, Ashok and Virendra have been convicted for the offence under Section 324/34 of IPC and sentenced to undergo R.I. for one year and fine of Rs.1,000/- with default stipulations.

5. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The jail sentence of the appellants has already been suspended by the trial Court till 29.04.2023 and during bail, the appellants have not misused the liberty so granted. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be allowed.

6. On the other hand, learned counsel for the State opposes the application and prays for its rejection.

7. On due consideration of the submissions made on behalf of the appellants, on perusal of record and looking to the fact that jail sentence of the appellants is already suspended by the trial Court, this Court is of the opinion that it would be appropriate to suspend the jail sentence of the appellants. Accordingly, I.A No.8054/2023 filed on behalf of the appellants is allowed.

8. It is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by the appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of learned trial Court for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

9. The appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 24.07.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

10. List for final hearing in due course.

11. In the meantime, record of the trial Court be called for.

12. Certified Copy as per rules.

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