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Judgment
Vijay Kumar Shukla, J
Call for the record.
Heard on I.A No.5902/2023 which is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant.
The present appellant has been convicted under Section(s) 135 of Indian Electricity Act and has been sentenced to undergo 1 year RI and fine of Rs.3000/- with default stipulation.
Learned counsel for the appellant submits that after conviction the sentence of the appellant has already been suspended by the trial Court. 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 be allowed.
Learned counsel for the State on the other hand has opposed the application and prays for its rejection.
On due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the jail sentence of the appellants is already suspended and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A No.5902/2023 filed on behalf of appellant is allowed. The appellant be enlarged on bail on his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 28.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.
List after receipt of the record. CC as per rules.