The court may exercise discretion to suspend a substantive sentence of imprisonment pending final disposal of an appeal, taking into account the detention period already served and the expected delay in the final hearing of the case.

NAFR

09.06.2026

Mr. Hariom Rai, Advocate for the Appellants.

Mr. Vinod Tekam, Government Advocate for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the learned Trial Court.

Also heard on I.A. No.01/2026, application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 13.05.2026 passed by the learned Court of 2nd Additional Sessions Judge, Ramanujganj, District- Balrampur-Ramanujganj (C.G.) in Sessions Case No.106/2022, the appellants have been convicted and sentenced as under:-

Learned counsel for the appellants submits that the learned trial Court has not properly appreciated the overall evidence available on record while holding the appellants guilty. He further submits that the appellant No.1 & 2 were in jail during trial from 19.03.2022 to 23.04.2022; appellant No.3 was in jail during trial from 20.03.2022 to 04.05.2022 and they are reported to be on default bail. He further contends that the final disposal of this appeal is likely to take considerable time, therefore, it is prayed that the substantive jail sentence of the appellants may be suspended till the final disposal of the appeal.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case, the nature of allegations levelled against the appellants, and further considering the fact that the appellants were in jail during trial; further considering the detention period of the appellants, further the fact that final disposal of this appeal is likely to take considerable time, I am inclined to allow the application.

Accordingly, the application (I.A. No. 01/2026) is allowed. It is directed that the substantive jail sentence imposed upon the appellants shall remain suspended till final disposal of this appeal on their executing a personal bond for a sum of Rs.20,000/- each with one surety for the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 7th July, 2026. They shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the concerned trial Court on all such subsequent dates as are given to them by the said Court till disposal of this appeal.

List this case for final hearing in due course.

In view of the above, I.A. No.2/2026, application for listing and hearing the case during summer vacation, and I.A. No.03/2026, application for urgent hearing, are hereby disposed of.