The court allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard.

2. Admit.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of sole respondent, therefore, notice need not be issued.

5. Heard on application of suspension of sentence No.454/2025.

6. Learned counsel for the appellant submits that the sentence of the appellants have already been suspended by the trial Court for a period of one month and the appellants were not in custody, therefore, the sentence of the appellants may be suspended.

7. 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 sentence awarded to the accused appellants.

8. Accordingly, the application for suspension of sentence filed under Section 430 (2) BNSS is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge No.2, Nimbahera, District Chittorgarh, vide judgment dated 21.02.2025 in Sessions Case No.12/2018 (52/2016) (CIS No.53/2018) against the appellant-applicants (1) Pappu Khan S/o Mirbaj Khan, (2) Nishad Khan S/o Pappu Khan, (3) Abdul Bahab @ Gauru S/o Abdul Gani, (4) Iqbal Khan S/o Abdul Gani & (5) Farukh Khan @ Fakaru S/o Hakim Khan, shall remain suspended till final disposal of the aforesaid appeal and they will be released on bail, provided they execute 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 the court on 09.04.2025 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.

9. 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 the matter to the High Court for cancellation of bail.