The court may suspend a sentence if the appellant was on bail during trial and there is no imminent hearing of the appeal.

ORDER :

(MANOJ KUMAR GARG, J.)

Heard learned counsel for the appellant as well as learned AAG and perused the material available on record.

2. Counsel for the appellant submits that according to the suicide note, Sonam willfully committed suicide and no allegation has been levelled against the accused-appellant. The appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, therefore, the sentence of the appellant may be suspended and he may be released on bail.

3. Learned AAG has opposed the prayer made by the counsel for the appellant.

4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

5. Accordingly, the application for suspension of sentence filed under Section 430 of BNSS (389 Cr.P.C.) is allowed and it is ordered that the sentence passed by the learned Additional Session Judge (Women Atrocity Cases), Bhilwara, vide judgment dated 13.11.2024 in Session Case No.21/2015 (CIS No.22/2015) against the applicant Praveen S/o Prahlad Rai Sharma, shall remain suspended till final disposal of the aforesaid appeal 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 27.03.2025 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.

6. 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.