The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard learned counsel for the petitioner as well as learned Asst. to Addl. Advocate General on application for suspension of sentence No.67/2025.

2. Learned counsel for the petitioner submits that the petitioner was on bail during the trial and hearing of the revision will take sufficient long time, therefore, the sentence of the petitioner may kindly be suspended.

3. Upon a consideration of the arguments advanced on behalf of the petitioner 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 petitioner.

4. Accordingly, the application for suspension of sentence filed under Section 438 BNSS is allowed and it is ordered that the substantive sentences passed by learned Judicial Magistrate, Deedwana in Criminal Original Case No.40/1988 vide order dated 05.10.2017 as affirmed by the learned Addl. Sessions Judge Deedwana vide order dated 13.02.2025 in Criminal Appeal No.50/2017 against the petitioner-applicant Yusuf Khan S/o Shri Peeru Khan shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioner shall deposit 50% of the fine amount as imposed by the learned trial Court and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this 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.

4. Petitioner shall deposit 50% of the fine amount as imposed by the learned trial court.

5. 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.