IMPORTANT POINT
In a conviction under Section 307 IPC where accused was awarded imprisonment for 5 years and he was in confinement for about one year and there appeared no immediate prospect of cases listing for final hearing, sentence deserved to be suspended and accused deserved to be released on
bail.

ORDER

Jitendra Ray Goyal, J.—This third application under Section 389 of the Code of Criminal Procedure for suspension of sentence has been filed in S. B. Criminal Appeal No.1063/2006 by accused appellant Billu @ Satish who along with co-accused Jagdish Prasad has been convicted by Additional Sessions Judge (Fast Track), Behror, District Alwar in Sessions Case No. 33/2006 (24/2006) for the offence under Sections 307, 307 read with 34, 325, 325 read with 34, 324 read with 34, 323 & 341 IPC and maximum sentence of five years rigorous imprisonment and fine has been awarded.

2. Heard learned counsel for accused appellant as well as complainant and learned Public Prosecutor on the application for suspension of sentence and perused the entire record of the Court below including the impugned judgment.

3. It was inter alia contended that sentence of co-accused Jagdish Prasad has already been suspended and he has been ordered to be released on bail. Accused appellant is in custody for a period of about one year. Even according to the statement of the doctor, the complainant was in the drunken state and he suffered injuries on his testis by blunt object while the allegations have been levelled to inflict the injuries by sharp edged weapon. It was then contended that this matter pertains to the year 2006 and there is no possibility of listing this case early for final hearing.

4. Learned Public Prosecutor and counsel appearing for the complainant opposed the prayer and contended that accused appellant Billu @ Satish inflicted the injuries on the testis of injured Chandra Bhan which were found to be dangerous to life.

5. Without expressing any opinion on merit, having considered the rival submissions made at the bar, material available on record, entire facts and circumstances and also keeping in view that accused appellant Billu @ Satish has been convicted for a maximum period of five years rigorous imprisonment, he is said to be in confinement for a period of about one year and there appears to be no immediate prospects of listing this case for final arguments, I deem it proper to suspend the execution of sentence awarded to the accused appellant Billu @ Satish and release him on bail.

6. It is, therefore, ordered that execution of sentence awarded to the accused appellant Billu and Satish son of Moonga Ram shall remain suspended during the pendency of this appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs.10,000 together with one surety in the sum of Rs.10,000 to the satisfaction of the learned trial Court for his appearance before this Court on 17th December, 2007 and whenever called upon to do so.

Application allowed.

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