The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard.

2. Admit. Call for record.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of respondent No.1. Thus, notice be issued to respondent No.2, returnable within eight weeks.

5. Heard learned counsel for the petitioner and learned Asst. to Addl. Advocate General on application for suspension of sentence No.78/2025.

6. Learned counsel for the petitioner submits that petitioner has been in custody and hearing of the petition will take sufficient long time.

7. 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 sentence awarded to the accused petitioner.

8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate Gangrar, District Chittorgarh, in Criminal Regular Case No.06/2021 vide order dated 08.04.2024 as affirmed by the Learned Addl. District & Sessions Judge No.2, Chittorgarh, vide order dated 29.01.2025 in Cr. Appeal No.62/2024 against the petitioner- applicant Suresh Giri S/o Bhanwar Giri Goswami shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioner shall deposit 50% of the cheque amount, if any amount has paid then the same shall be adjusted, 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 cheque amount before the trial Court and if any amount has been paid earlier then the same shall be adjusted.

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.