The court has the discretion to suspend the sentence under Section 397(1) Cr.P.C. based on the totality of facts and circumstances of the case.

JUDGMENT

Farjand Ali, J. - The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 25.07.2018 passed by the learned Additional Chief Judicial Magistrate, Bhinmal, District Jalore in Criminal Case No.314/2005, whereby he was convicted and sentenced to suffer imprisonment of two years for the offence under Section 304-A IPC.

2. Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner was on bail during trial and during the course of appeal. Hearing of the revision petition would likely take long time.

3. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record.

4. Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the facts that the accused-petitioner was on bail during the course of trial and appeal and the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Chief Judicial Magistrate, Bhinmal in Criminal Case No.314/2005 against the petitioner-applicant Kan Singh S/o Balwant Singh shall remain suspended till final disposal of the aforesaid revision 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 08.05.2023 and whenever ordered to do so till the disposal of the revision 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.