JUDGMENT

Vijay Kumar Shukla, J. - Heard on I.A No.970/2023, which is an application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of the appellant No.1 Subhash Chandra Patidar and appellant No.3 Shyam Chandra Patidar.

2. Appellant has been convicted for the offence punishable under Section 420 (three years for each)(30 counts), 467 (five years for each)(30 counts), 468 (three years for each)(30 counts), 469(two years for each)(30 counts), 471 (two years for each)(30 counts) read with Section 120-B(I) of IPC and fine of Rs. 500 for each offence in each counts is passed with a default sentence of three months imprisonment on each counts of offence.

3. Counsel for appellant submits that the appellant was on bail during the trial and he did not misuse the liberty granted to him. The final hearing of the appeal is likely to take time. In view of the aforesaid, his remaining custodial period be suspended.

4. Learned Public Prosecutor for the respondent-State has opposed the prayer. After hearing learned counsel for the parties and taking into consideration that the appellant was on bail during the trial and he did not misuse the liberty granted to him