AI Structured Summary
Not yet generated for this judgment
Judgment
S.S. Mishra, J
The petitioner has been convicted for the offence under Section 395 IPC and the awarded substantive sentence of seven years R.I. by the Court of the learned Asst. Sessions Judge, Balliguda in S.T. No.92 of 2023. He has preferred appeal being Criminal Appeal No.8 of 2023 before the learned Addl. District & Sessions Judge, Balliguda, which has already been admitted. He moved an application under Section 389 Cr.P.C. for suspension of the sentence during pendency of the appeal, which has been rejected by the learned Court below. Therefore, he seeks indulgence of this Court.
Learned counsel for the petitioner submits that the petitioner has been taken into custody after the conviction. The trial of the case is concluded on 09.11.2023. Therefore, he has undergone about 10 months imprisonment as of today excluding the entitled remission.
Taking into consideration the period of custody and the fact that the appeal is admitted by the Court below and disposal of the same would take considerable time, I am of the considered view that the petitioner is entitled for grant of bail.
Accordingly, the order of sentence passed by the learned Asst. Sessions Judge, Balliguda on 09.11.2023 shall remain suspended during pendency of the trial subject to any condition to be imposed by the appellate Court as it deem fit and proper in the case.
The present petition is disposed off in the aforementioned terms.
..………………………….