The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.

JUDGMENT

Uma Shanker Vyas, J. - Heard.

2. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.

3. Learned counsel for the appellant submits that accused appellant has been awarded maximum sentence of 10 years and out of that he has already served about 8 years of sentence. Learned counsel for the appellant submits that similarly situated co-accused Sunil @ Pintu Rao has already been granted bail by the co-ordinate Bench of this Court. Counsel further submits that there is no evidence on record to hold the convict guilty of the offences and hearing of the appeal shall taken long time, therefore, the present suspension of sentence may be allowed.

4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellant.

5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Addl. Sessions Judge No.3, Chittorgarh, vide judgment dated 20.12.2017 in Sessions Case No.126/2016 against the applicant Kanhaiyalal @ Banty Harijan S/o Puran Rathore, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.2.2023 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(s) 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.

4. Petitioner shall deposit the fine amount as imposed by the learned trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.