The court has the discretion to suspend the custodial part of a sentence under Section 389(1) of Cr.P.C, considering various factors including the appellant's conduct, likelihood of appeal hearing, and the interests of justice.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of sentence under Section 389(1) of Cr.P.C, directing the appellant to deposit the fine amount and furnish a personal bond for his regular appearance before the trial court, thereby suspending the custodial part of the remaining sentence till the final disposal of the appeal.
Fact of the Case:

The appellant was convicted for an offence under Section 409 of IPC and sentenced to undergo R.I. for 03 years with a fine of Rs.10,000/- with default stipulations. The appellant applied for suspension of sentence under Section 389(1) of Cr.P.C.
Finding of the Court:

The court allowed the application for suspension of sentence, considering the submissions made on behalf of the appellant and the fact that the jail sentence of the appellant was already suspended. The court directed the appellant to deposit the fine amount and furnish a personal bond for his regular appearance before the trial court, suspending the custodial part of the remaining sentence till the final disposal of the appeal.
Issues: The main issue was whether the appellant's application for suspension of sentence under Section 389(1) of Cr.P.C should be allowed.
Ratio Decidendi: The court considered the appellant's innocence claim, the material omissions and contradictions in the version of the prosecution witnesses, and the fact that the jail sentence of the appellant was already suspended. The court also took into account the appellant's conduct during bail and the likelihood of the appeal being heard in the near future.
Final Decision: The court allowed the application for suspension of sentence, directing the appellant to deposit the fine amount and furnish a personal bond for his regular appearance before the trial court, suspending the custodial part of the remaining sentence till the final disposal of the appeal.

JUDGMENT

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

2. The appeal is admitted for final hearing.

3. Also heard on I.A No.919/2023 which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

4. The appellant has been convicted for offence under Section 409 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.10,000/- with default stipulations.

5. 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 23.01.2023 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 may be allowed.

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

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

8. Accordingly, aforesaid I.A. 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 appellant 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.

9. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 15.03.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court. Let the record of the Court below be requisitioned.

10. List in due course for final hearing.

11. Certified copy, as per rules.

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