Kailash Chandra Joshi, V.J. - (1.) HEARD learned Counsel for the convict -Appellant and learned Public Prosecutor for the State on application under Section 389 of Code of Criminal Procedure for suspension of sentence.
(2.) LEARNED Counsel for the Appellants submits the accused -Appellant has been convicted and sentenced for the offence under Sections 307 and 323 of IPC and maximum sentence awarded to the accused -Appellant is of five years rigorous imprisonment. He further submits that during trial the accused -Appellant was on bail, therefore, during the pendency of the criminal appeal, the sentence awarded to the accused -Appellant may be suspended. Per contra, learned Public Prosecutor opposed the bail (SOS) application.
(3.) I have considered the rival arguments advance by the parties and perused the judgment of the trial court. Looking to the facts and circumstances of the case and the sentence awarded by the learned trial court, I consider it just and proper to suspend the substantive sentence of imprisonment awarded to the accused Appellant -applicant.;