The court established that the suspension of a sentence can be granted based on the merits of the appeal and the circumstances surrounding the case, including the nature of the evidence presented.

JUDGMENT

1. Heard learned counsel for the parties on the third application for suspension of sentence.

2. Learned counsel for the appellant-applicant has submitted that the trial court has grossly erred in convicting and sentencing the appellant-applicant for the offence punishable under Section 302 IPC. It is further submitted that as a matter of fact, the deceased and the appellant were neighbours and while they were working in the agriculture field, a quarrel took place between them and in that quarrel, the injured received some injuries. Learned counsel while inviting our attention towards the statement of Dr. Ram Hari Meena (PW-7) has submitted that in his statement, doctor Ram Hari Meena has suggested that all injuries on the body of the deceased are blunt and the cause of death was hemorrhagic shock as a result rupture of spleen and there is all possibility that the said injury was caused due to falling down on the land and not by any weapon. Learned counsel has further submitted that no deadly weapon was used in the commission of crime and only a stick was recovered from the agricultural field, which was used in the commission of crime. It is further submitted that till date the appellant-applicant has undergone more than 5 years and 9 months of the sentence and there is every possibility that the appeal preferred by the appellant-applicant will not be heard in near future.

3. Learned Public Prosecutor has opposed the application for suspension of sentence.

4. Having considered the overall facts and circumstances of the case; substantial grounds taken in the appeal; after scrutinizing the record of the trial court; particularly the evidence of prosecution witness Dr. Ram Hari Meena (PW-7), without expressing any opinion on the merits of the case, this Court is inclined to suspend the sentence awarded to the appellant-applicant.

5. Accordingly, this third application for suspension of sentence is allowed and it is directed that the sentence awarded to appellant-applicant ? Devi Singh son of Ramkhiladi by the Special Judge, SC/ST Act Cases, Karauli vide judgment dated 05.02.2016 in Sessions Case No.115/2010 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/- along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court for his appearance before this Court on 15.11.2021 and whenever called upon 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 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.

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