HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 430(2) BNSS No. - 4 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant-Alok Kumar Jha is aggrieved against the order dated 13.2.2025 passed by the appellate court, whereby the applicant's application seeking suspension of sentence during pendency of Criminal Appeal No. 12 of 2025; titled Alok Kumar Jha vs. State of U.P., arising against the judgment of conviction and order of sentence dated 8.1.2025 passed by the trial court in Case No. 10400 of 2022, arising out of Case Crime No. 381 of 2022, under Sections 420, 406, 419, 467, 468, 471, 411, 120-B I.P.C. and Section 66-D Information Technology Act, Police Station Pilkhua, District Hapur, has been rejected. Learned counsel has pointed out that the applicant has been awarded five years imprisonment, who by now has undergone a period of more than two and half years in custody and in this regard, he has drawn the attention of the Court to the custody certificate of the applicant issued by Superintendent, District Jail, Ghaziabad (Annexure No.SA-1). Learned counsel further submits that the appellate court has not carefully examined the background of the case, particularly the period undergone by the applicant while refusing to suspend the sentence imposed by the trial court vide order dated 8.1.2025. Learned counsel for appellant has produced the order dated 10.4.2025 passed by this Court in Criminal Misc. Application U/S 430(2) BNSS No.3 of 2025, suspending the sentence of the co-convict namely, Arshad @ Aashu and contended that the case of the applicant, is at par with him. He prays for suspension of sentence. Versus Counsel for Applicant(s) : Anand Pati Tiwari, Deepak Upadhyay, Haya Rizvi Counsel for Opposite Party(s) : G.A. Alok Kumar Jha .....Applicant(s) State of U.P. .....Opposite Party(s) Learned State Counsel, while opposing the prayer on the ground that offence is serious, does not dispute the custodial period undergone by the applicant. After hearing the learned counsel for the parties and having perused the record, particularly the period undergone by the applicant, this Court deems it appropriate to suspend the remaining sentence of the applicant during pendency of the appeal. Resultantly, without meaning any expression of opinion on the merits of the pending appeal, the remaining sentence of the applicant is suspended, subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Hapur. The application is allowed. September 23, 2025 Brijesh NA430 No. 4 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad