The court has the discretion to condone the delay in filing an appeal under Section 5 of the Limitation Act and to suspend the substantive sentence under Sec.389 Cr.P.C.

ORDER

1. The matter comes up for consideration of the application (IA No.1/2022 dated 20.12.2022) preferred on behalf of the appellant under Section 5 of the Limitation Act with a prayer for condoning the delay of 66 days in filing the present appeal.

2. Learned Public Prosecutor has not seriously opposed the application (IA No.1/2022 dated 20.12.2022) preferred by the appellant under Section 5 of the Limitation Act.

3. Having heard learned counsel for the parties and perused the averments made in the application (IA No.01/2022 dated 20.12.2022), we deem it appropriate to allow the same.

4. Let the application (IA No.01/2022 dated 20.12.2022) preferred by the appellant under Section 5 of the Limitation Act is allowed. The delay of 66 days in filing the present appeal is hereby condoned.

Admit.

Issue notice.

5. Learned Public Prosecutor accepts notice on behalf of the respondent-State. Hence, notice need not be issued.

6. As the record is being summoned in D.B. Criminal Appeal No.123/2022 (Narayan @ Parbhu Bhil & Ors. Vs. State of Rajasthan), the present appeal be tagged along with the above referred appeal.

Heard learned counsel for the parties on D.B. Suspension of Sentence (Appeal) No.14/2023.

7. Learned counsel for the appellant has submitted that the sentence of the other co-accused persons viz. Narayan @ Parbhu Bhil, Shanker Bhil, Roshan Bhil, Raku @ Rukmani and Leela Bhil have already been suspended by this Court on 14.12.2022 in D.B. Criminal Misc. SOS Application No.785/2022 (Narayan @ Parbhu Bhil & Ors. Vs. State of Rajasthan) and the case of the appellant is not distinguishable from that of co-accused persons.

8. Learned Public Prosecutor prays for some time to file reply to D.B. Suspension of Sentence (Appeal) No.14/2023, however, he is not in a position to dispute the fact that the sentence of the other co-accused persons viz. Narayan @ Parbhu Bhil, Shanker Bhil, Roshan Bhil, Raku @ Rukmani and Leela Bhil have already been suspended and the case of the appellant is not distinguishable from that of co-accused persons.

9. Having considered the totality of facts and circumstances of the case, we consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

10. Accordingly, D.B. Suspension of Sentence (Appeal) No.14/2023 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 16.08.2022 in Sessions Case No.15/2018 against appellant - Pannalal @ Prakash S/o Shri Varda Bhil shall remain suspended till final disposal of the aforesaid appeal, 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 08.02.2022 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 appellant 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, they will give in writing their changed address to the trial Court.

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