Sentence suspension pending appeal granted for remaining appellants after trial-bail record was considered

Sentence suspension under Section 389 CrPC was partly granted. The application was not pressed for one appellant and was dismissed to that extent. For the remaining appellants, the Court considered the case facts, including that they had been on bail during trial, and found it appropriate to suspend the substantive sentence pending appeal. They were directed to be released on bail subject to conditions.

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Issues: Whether the sentence of the convicted appellants was liable to be suspended under Section 389 of the Code of Criminal Procedure, 1973.

Analysis: The application for suspension of sentence was not pressed for one appellant and was therefore dismissed to that extent. As regards the remaining appellants, the Court took note of the facts and circumstances of the case, including the fact that they had been on bail during trial, and found it appropriate to suspend the substantive sentence pending disposal of the appeal.

Conclusion: The sentence was suspended for the remaining appellants and they were directed to be released on bail subject to conditions, while the application stood dismissed as not pressed for one appellant.

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