HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 430(2) BNSS No. - 8 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant-Mantu Kumar Mandal is aggrieved against the order dated 02.06.2025 passed by the appellate court, whereby the applicant's application seeking suspension of sentence during pendency of Criminal Appeal No. 72 of 2025; titled Mantu Kumar Mandal vs. State of U.P., arising against the judgment of conviction and order of sentence dated 29.03.2025 passed by the trial court in Case Crime No. 48 of 2021, under Section 420 IPC and Section 66D Information Technology Act, Police Station Cyber Crime, District Varanasi, has been rejected. Learned counsel for the applicant submits that the subject case was registered in the year 2021, and during trial the applicant remained in custody. Learned counsel has pointed out that the applicant has been awarded seven years rigorous imprisonment, who by now has undergone a period of more than three years in custody, and in this regard, he has relied upon the custody certificate of the applicant dated 04.09.2025 issued by the Senior Superintendent, District Jail, Lucknow (Annexure No. C.A.-1 appended with counter affidavit filed on behalf of the State). 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 29.3.2025. He prays for suspension of sentence. 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 Versus Counsel for Applicant(s) : Manoj Kumar Chandel Counsel for Opposite Party(s) : G.A. Mantu Kumar Mandal .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Varanasi. The application is allowed. (Manoj Bajaj,J.) September 8, 2025 Brijesh NA430 No. 8 of 2025 2 Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad