The court has the discretion to suspend a substantive sentence of imprisonment based on the totality of the facts and circumstances, including the petitioner's period of custody.

( 1 ) HEARD learned counsel for the petitioner and the public Prosecutor for the State. Perused the judgment and orders impugned of the courts below as well as the record of the trial court.

( 2 ) ADMIT. Issue notice. Mr. JPS Chaudhary, Public prosecutor appearing for the State accepts notice. Heard learned counsel for the parties on the application for suspension of sentence.

( 3 ) LEARNED counsel for the petitioner submits that the petitioner is in custody for last six months. Having considered the totality of the facts and circumstances of the case and keeping in view the fact that the petitioner is in custody for last six months as stated by the learned counsel for the petitioner, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the petitioner.

( 4 ) ACCORDINGLY, the bail application filed under Section 397/401 Cr. P. C. is allowed and it is ordered that the substantive sentence passed by the trial court and affirmed by the learned additional Sessions Judge, Raisinghnagar, vide judgment dated 17-12-2005 in Criminal Appeal No. 30/1997 against applicantpetitioner gurmel Singh S/o Jangeer Singh shall remain suspended till final disposal of the aforesaid revision petition, provided he executes a personal bond in the sum of Rs. 20,000/-with two sureties of Rs. 10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 12-7-2006 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence.