The court established that the suspension of a sentence pending appeal is a discretionary power that can be exercised in the interest of justice, particularly when the accused has been in custody for an extended period and the appeal is likely to take time.

JUDGMENT

D.B. Cr. Suspension of Sentence Application No. 968/2020 Registry is directed to prepare a mini paper book and supply a copy thereof to learned counsel for the appellant as well as learned Public Prosecutor.

S.B. Cr. Misc. Suspension of Sentence Application No. 336/2021 in S.B. Criminal Appeal No. 1641/2020 Though, the matter pertains to jurisdiction of Single Bench but today, it is listed in Division Bench as being a connected matter. At the request of learned counsel for the appellant, the matter is heard by the Division Bench.

This appeal preferred on behalf of the appellant - Babli is delayed by 260 days. The accused is in custody from 13.12.2018. Thus, we deem it fit to exercise suo moto powers and condone the delay occasioned in filing the appeal.

The application (CMCR No. 519/2020) is, accordingly, allowed.

The appeal is admitted.

Admit.

Issue notice.

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

Heard learned counsel for the appellant and learned Public Prosecutor on application for SOS. Perused the impugned judgment and the material available on record.

This application for SOS has been filed on behalf of the accused-appellant, who has been convicted and sentenced as below vide judgment dated 27.11.2019 passed by the Additional Sessions Judge No. 4, Sikar in Sessions Case No. 39/2019 :- Offence Sentences Fine Fine Default sentences Section 201 r/w Sec. 04 years' SI Rs.10,000/- 01 month's SI 34 IPC The accused-appellant herein is in custody for nearly 03 years. Hearing of the appeal is likely to consume time.

In this background, we deem it proper to suspend the sentences awarded to the accused-appellant during pendency of the appeal.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No. 4, Sikar vide judgment dated 27.11.2019 in Sessions Case No. 39/2019 against the accused-appellant - Babli wife of Nanu Ram, shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she 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 her appearance in this court on 18.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the appellant(s) changes the place of residence, he/she/they will give in writing his/her/their 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.

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