JUDGMENT 1. - Instant petition has been preferred under Section 482 Cr.P.C. to assail the order dated 22.04.2014 passed by the Additional District & Sessions Judge, Neem-ka-Thana, District Sikar, whereby the learned Judge had dismissed the application for suspension of sentence filed by the petitioner. 2. The learned counsel appearing for the petitioner submitted that the petitioner was tried by the Court of Additional Chief Judicial Magistrate No.2, Neem-ka-Thana, Sikar and vide impugned judgment dated 05.04.2014 he has been convicted and sentenced for commission of offence punishable under Section 420 I.P.C. to undergo five-years rigorous imprisonment and pay a fine of Rs. 2000/-. In default thereof, to further undergo three-months simple imprisonment. 3. Counsel appearing for the petitioner further submitted that similar sentence has been awarded for offences punishable under Sections 467, 468, 471 and 120-B I.P.C. 4. The trial Court has further ordered that all sentences awarded upon the petitioner on all counts shall run concurrently. 5. Counsel appearing for the petitioner contended that aggrieved against the same, the petitioner had filed an appeal. 6. Counsel appearing for the petitioner further contended that the Lower Appellate Court below while admitting the appeal has refused to suspend the sentence. 7. Counsel appearing for the petitioner has relied upon the order passed by the Hon'ble Supreme Court in the case of Bhagwana Ram Sindey Gosai & Ors. v. State of Gujrat & Anr. reported in A.I.R. 1999 S.C. 1859 to contend that where the accused is sentenced for a fixed duration, to protect the right of the appeal of the convict, the sentence awarded upon the convict deserve to be suspended during pendency of the appeal. 8. The learned Public Prosecutor for the State has not disputed the settled legal position. 9. In view of the above, present petition is, allowed and the sentence awarded upon the petitioner is ordered to be suspended during pendency of the appeal before the lower appellate Court and he shall be released on bail to the satisfaction of the lower appellate Court. The lower appellate Court may insist for heavy bail bonds/surety bonds and the sureties to be furnished by the petitioner shall be registered sureties and same shall be verified by a revenue officer not below the rank of Tehsildar. 10.
The lower appellate Court may insist for heavy bail bonds/surety bonds and the sureties to be furnished by the petitioner shall be registered sureties and same shall be verified by a revenue officer not below the rank of Tehsildar. 10. A further direction is issued to the lower appellate Court to decide the appeal within two months from receipt a certified copy of this order.Petition allowed. *******