The court established that a substantive sentence can be suspended pending appeal if the accused complies with conditions ensuring their appearance in court.

Headnote:
SUSPENSION - BAIL - The court granted the application for suspension of sentence, allowing the accused-appellant to be released on bail pending appeal. The decision was influenced by the need to ensure the accused's appearance in court and compliance with conditions set by the trial court, highlighting the legal framework surrounding bail and suspension of sentences.
Fact of the Case:

The appellant, Satya Narayan Mali, sought suspension of the substantive sentence imposed by the Additional Sessions Judge in a criminal case. The court considered the arguments presented and the circumstances surrounding the case.
Finding of the Court:

The court found it appropriate to suspend the sentence, allowing the appellant to be released on bail under specific conditions to ensure his appearance in court.
Issues: Whether the substantive sentence should be suspended pending the appeal and what conditions should be imposed for the appellant's release on bail.
Ratio Decidendi: The court emphasized the importance of ensuring the accused's appearance in court while balancing the rights of the accused to seek suspension of their sentence during the appeal process.
Result: The application for suspension of sentence was allowed, and the appellant was granted bail subject to the deposit of a fine and compliance with specified conditions.

JUDGMENT

Manoj Kumar Garg, J. - Heard.

2. Admit. Learned Public Prosecutor accepts notice on behalf of the respondent-State. Call for record.

3. Heard on application for suspension of sentence No.652/2021.

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 sentence awarded to the accused-appellant.

5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the substantive sentences passed by the Learned Additional Sessions Judge, Shahpura, District Bhilwara, vide order dated 29.09.2021 in Criminal (Session) Case No.03/2018 (CIS No.03/2018) against the appellant-applicant Satya Narayan Mali S/o Sh. Sukha Mali, shall remain suspended till final disposal of the aforesaid appeal and he will 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/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 22.11.2021 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 applicant(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.

4. The appellants 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 Special Judge shall report the matter to the High Court for cancellation of bail.

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