The court established that sentences can be suspended based on the duration already served and the conditions of appearance during the appeal process.

JUDGMENT

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

2. Learned counsel for the appellant-applicant has submitted that the first application for suspension of sentences preferred on behalf of the appellant-applicant was dismissed as not pressed by a Co-ordinate Bench of this Court on 5.3.2020. It is further submitted that till date, the accused-appellant has undergone sentence of six years and there is no likelihood that the appeal preferred by him will be heard in near future. It is also submitted that the trial court has grossly erred in convicting and sentencing the appellant-applicant vide impugned judgment. Learned counsel for the appellant-applicant while inviting attention of this Court towards the statements of two eye witnesses namely Vijendra Singh (PW-1) and Bablu (PW-2) has submitted that though, as per the prosecution story, these eye witnesses have seen the incident, but they did not lodge any FIR in relation to the said incident and even their statements were recorded by the police after 3 days and 23 days respectively of the incident. It is also argued that it is a case of accident, however, due to enmity between the parties, the appellant-applicant has falsely been implicated in the matter. Learned counsel has further argued that co-accused namely Bhatta @ Bharat Singh has already been acquitted by the trial court, though the complainant and the two eye witnesses i.e. Vijendra Singh (PW-1) and Bablu (PW-2) had specifically named him that he was also there in the truck and instigated the appellant-applicant to commit the crime. It is, thus, submitted that the appeal preferred on behalf of the appellant-applicant is based on strong grounds, therefore, the application for sentences of sentences may be allowed.

3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the application for suspension of sentences.

4. Having considered the overall facts and circumstances of the case; after scrutinizing the record of the trial court; keeping in view the fact that the appellant-applicant has undergone sentence of more than six years, without expressing any opinion on the merits of the case, this Court is inclined to suspend the sentences awarded to him by the trial court.

5. Accordingly, the second application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant-applicant ? Narendra Sharma S/o Siyaram by the Additional Sessions Judge, Dholpur vide judgment dated 18.8.2018 in Sessions Case No.84/2012 (CIS No.52/16) 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 29.10.2021 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated 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(s) to the 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 trial Judge shall report t