The court established that suspension of sentences can be granted based on the duration served and the circumstances surrounding each case.

JUDGMENT

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

In S.B. Suspension Of Sentence(Revision) No. 18/2021 & 70/2021 (Manchha Ram) :-

Heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner has undergone a total continuous sentence of 5 years earlier and 2 years, 9 months and 23 days subsequently. The petitioner has undergone a total sentence for a period of 7 years, 9 months and 23 days. He, therefore, prays that the sentences awarded to the petitioner may be suspended during pendency of the present revisions.

This Court has considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the sentences awarded by the learned trial court, this Court deems it just and proper to suspend the sentences awarded to the accused petitioner.

Accordingly, these criminal misc. suspension of sentences applications filed under Section 397/401 Cr.P.C. are allowed and it is ordered that the sentences passed by the learned Chief Judicial Magistrate, Sirohi, District Sirohi, (in Criminal Regular Case No.187/2017 (CIS No.187/2017) vide order dated 07.08.2019) and (in Criminal Regular Case No.186/2017 (CIS No.186/2017) vide order dated 07.08.2019) as affirmed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sirohi, District Sirohi (vide order dated 06.11.2020 in Criminal Appeal No.7/2020 (73/2019) (CIS No.73/2019) and (vide order dated 08.01.2021 in Criminal Appeal No.59/2019 (31/2020) (CIS No.59/2019) against the petitioner Manchha Ram S/o Shri Chhagan Lal, shall remain suspended till final disposal of the aforesaid revisions 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 31.08.2021 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 revision is decided.

2. That if the petitioner 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.

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

In S.B. Criminal Revision Petition No. 860/2020 (S.B. Criminal Misc. Suspension of Sentence Application No.225/2020) & S.B. Suspension Of Sentence(Revision) No. 35/2021 (Pradeep Kumar) : -

Heard learned counsel for the parties. This Court has considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the sentences awarded by the learned trial court, this Court deems it just and proper to suspend the sentences awarded to the accused petitioner.

Accordingly, these criminal misc. suspension of sentences applications No.225/2020 & 35/2021 filed under Section 397 Cr.P.C. are allowed and it is ordered that the sentences passed by the learned Chief Judicial Magistrate, Sirohi (in Criminal Regular Case No.187/2017 (CIS No.187/201