The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.

JUDGMENT :

(MANOJ KUMAR GARG, J.)

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

2. This is second application for suspension of sentence.

3. Learned counsel for the petitioner(s) submits that petitioner(s) has surrendered before the concerned trial court and now he is in custody since 11.02.2025 and there is no chance of hearing of the revision in near future, therefore, the substantive sentence of the petitioner(s) may be suspended and he may be released on bail.

4. Learned Public Prosecutor has opposed the second application for suspension of sentence.

5. Upon a consideration of the arguments advanced on behalf of the petitioner(s) and having regard to the facts and circumstances of the case including the fact that there is no chance of hearing of the revision in near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).

6. Accordingly, the second application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Additional Chief Judicial Magistrate, Bhinmal, District Jalore in Criminal Case No.192/2018 vide order dated 26.02.2021 as affirmed by the learned Additional Session Judge, Bhinmal, District Jalore vide order dated 21.10.2024 in Criminal Appeal No.22/2021 against the petitioner/applicant(s) – Mangala Ram S/o Shri Hoti shall remain suspended till final disposal of the revision and he/she/they shall be released on bail subject to deposit of 50% of the cheque amount before the trial court, which shall be disbursed immediately to the respondent/complainant, provided he/she/they 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/her/their appearance in this court on 17.03.2025 and whenever ordered to do so till the disposal of the revision 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. The petitioner(s) shall deposit 50% of the cheque amount before the trial court, which shall be disbursed immediately to the respondent/complainant on an application being filed. Any amount already deposited by the petitioner(s) shall be adjusted with the said 50% of the cheque amount.

7. 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.