The court allowed the suspension of sentence based on the convict's lengthy custody and the nature of the dispute, emphasizing conditions for bail and future appearances.

ORDER :

This Suspension of Sentence application has been moved by the convict who has suffered punishment of life imprisonment and a fine of Rs.20,000/- under Section 302 of the Indian Penal Code and rigorous imprisonment of ten years' and a fine of Rs.10,000/- under Section 459 of the Indian Penal Code.

2. This is a case of killing of son by the father on account of some property dispute between them. In the trial the prosecution produced twelve witnesses out of whom the wife of the deceased Peera Ram and his daughter-in-law were produced as eye-witnesses.

3. The Sessions Judge at Jalore believed the testimony of P.W.2 Heera Devi who is the wife of the deceased and P.W.3 Jamna Devi who is the daughter-in-law of the deceased and held that the prosecution has been able to prove the charge under Sections 302 and 459 of the Indian Penal Code against Likhma Ram.

4. This Suspension of Sentence Application has been moved primarily on the ground of period of custody of the convict who has undergone about eleven years of actual custody by now.

5. Mr. Zeeshan Ali, the learned Amicus refers to the decision of Hon'ble Supreme Court in "Saudan Singh v. State of Uttar Pradesh" 2021 SCC OnLine SC 3259 and submits that there is no reasonable likelihood of hearing of D.B. Criminal Appeal No.136 of 2018 in the near future. However Mr. C.S. Ojha, the learned Public Prosecutor has opposed this Suspension of Sentence Application moved by the present convict.

6. Having regard to the animosity between the father and son arising out of a property dispute and considering the period of custody undergone by the present convict, we are inclined to allow this Suspension of Sentence Application.

7. Accordingly, the application for Suspension of Sentence filed under Section 389 Cr.P.C is allowed and it is ordered that the applicant abovenamed, namely, Likhma Ram son of Sh. Chamna Ram, shall be released on bail on executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge for his appearance before the Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur on 17^th March 2025 on the following conditions:-

1. That he 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, he will give in writing his 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.

8. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Miscellaneous Case relating 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 Miscellaneous file shall not been taken into account for statistical purpose relating to pendency and disposal of the 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.