KULDEEP TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appeal being arguable is admitted for final hearing.

(2.) Learned counsel for the appellant contended that appellant has been wrongly convicted by the Trial Court on the basis of improper appreciation of evidence. He was on bail during trial and he never misused the liberty so granted. His jail sentence has already been suspended by the trial court. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficiently long time. Hence, the execution of remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

(3.) Per contra, learned counsel for the respondent/State opposed the application for suspension of sentence and prayed for its rejection. Heard the learned counsel for the parties and perused the record. Considering the facts and circumstances of the case also taking note of the fact that his jail sentence has already been suspended temporarily by the trial court and he was on bail during trial and he never misused the liberty so extended to him, I deem it proper to suspend the remaining custodial sentence of the appellant.