The main legal point established in the judgment is the application of Section 389 Cr.P.C. for the suspension of sentence and granting bail to the appellant-applicant based on the similarity of his case to that of the co-accused who had been released on bail.

JUDGMENT

1. The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Ranjeetram @ Sonu S/o Nakshtraram, who has been convicted and sentenced as below vide the judgment dated 28.09.2021 passed by the learned additional Sessions Judge, Sri Karanpur, District Sri Ganganagar in Sessions Case No.7/2017.

2. Learned Public Prosecutor has filed reply to the application for suspension of sentence.

3. We have heard and considered the submissions advanced by Ms. Kuber Choudhary, representing the appellant-applicant and learned Public Prosecutor. Perused the material available on record.

4. The prosecution case is based totally on circumstantial evidence in the form of extra-judicial confession, last seen and recoveries. The allegation of extra-judicial confession was attributed to the co-accused Smt. Ramandeep Kaur. The Investigating Officer claimed that the dead body of Mr. Jasvinder Singh was recovered on the strength of the informations provided by the applicant herein and the co-accused Rajendra Pal @ Raju. The applications for suspension of sentences filed on behalf of the Rajendra Pal @ Raju and Smt. Ramandep Kaur have been accepted by this court vide order dated 15.03.2022. The case of the accused appellant is in no manner distinguishable from that of the co-accused released on bail. Hence, the appellant also deserves indulgence of bail in this case.

5. accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned additional Sessions Judge, Sri Karanpur, District Sri Ganganagar vide judgment dated 28.09.2021 in Sessions Case No.7/2017 against the appellant-applicant Ranjeetram @ Sonu S/o Nakshtraram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 13.05.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. a copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.