SANJAY Vs. STATE

JUDGEMENT

(1.) CRL . M(B) No. 1194/2008 in Crl. A. 765/2008. By this application, the appellant seeks suspension of his sentence during the pendency of the present appeal.

(2.) THE appellant was convicted by judgment dated 5th August, 2008 by the learned Addl. Sessions Judge for the offences punishable under Sections 394/454 IPC and was sentenced by order on sentence dated 22nd August, 2008 to undergo rigorous imprisonment for a period of seven years for the offence under Section 394 IPC with fine of Rs. 10,000/ -, and in default to undergo simple imprisonment for three months. The appellant was further sentenced to undergo rigorous imprisonment for a period of two years for the offence under Section 454 IPC with fine of Rs. 1,000/ -, and in default to undergo simple imprisonment for 15 days. Both the sentences were ordered to run concurrently with the benefit of Section 428 Cr.P.C. to be given to the appellant.

(3.) AS per the latest nominal roll the appellant has undergone approximately 3 years and 5 months of the sentence awarded to him. Accordingly, keeping in view the fact that there is no possibility of the present appeal being heard in the near future, it is ordered that pending the disposal of the appeal, the substantive sentence of the appellant shall remain suspended and the appellant shall be released on bail subject, however, to his paying the fine amount of Rs. 11,000/ -, if not already paid and furnishing a personal bond in the sum of Rs. 15,000/ - with one surety in the like amount to the satisfaction of the concerned court.