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Judgment
Vishal Dhagat, J
Appellant has filed I.A. No.11080/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
Appellant has been convicted under Sections 363 and 366 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,500/- and R.I for 2 years with fine of Rs.2,500/- with default stipulations.
It is submitted by learned counsel for the appellant that appellant is on bail till 15.5.2024 and there is no likelihood of hearing of appeal in near future. It is submitted that short fixed term of sentence has been imposed upon the applicant. It is submitted that appeal may become infructuous with lapse of time. In these circumstances, sentence may be suspended and appellant may be released on bail.
Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.
Heard the counsel for the parties.
Considering the short fixed term sentence imposed against the appellant, I.A. for suspension of sentence is allowed.
7 . It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his on his depositing the entire amount of fine, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 1.08.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.
Record of the court below be requisitioned immediately.
C.C. as per rules.