The court established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant and the likelihood of delay in the appeal hearing.

ORDER

1. The appellant has preferred the instant appeal under Section 374(2) CrPC being aggrieved of the judgment of conviction and order of sentence dated 13.02.2023 passed by the learned Special Judge, Prevention of Corruption Act Cases, Bhilwara in Sessions Case No.85/2015. He has also preferred an application No.185/2023 under Section 389 CrPC seeking suspension of Sentence.

2. The sentence awarded to the appellant has already been suspended by learned trial Court till 14.03.2023 by taking report of Section 389 Sub clause 3 of the Cr.P.C. Upon consideration the grounds raised in the memo of the appeal and after going through the judgment impugned and looking to the age of the appellant being 62 years and as hearing of the appeal is unlikely in near future, I deem it proper to suspend the sentence awarded to the appellant during the pendency of the appeal.

3. Accordingly, the 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 Special Judge, Prevention of Curruption Act Cases, Bhilwara vide judgment dated 13.02.2023 in Sessions Case No.85/2015 against the appellant-applicant Smt Chetan Kumar Sethi S/o Tejmal Sethi 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 05.04.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That she 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, she will give in writing her 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 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.