Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.

ORDER :

MANOJ KUMAR GARG, J.

Heard.

2. Admit. Learned Public Prosecutor accepts notice on behalf of respondent-State.

3. Heard on application for suspension of sentence.

4. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case including the facts that the petitioners were 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 substantive sentence awarded to the accused petitioners.

5. Accordingly, the application for suspension of sentence filed under Section 438(1) of BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Additional Chief Judicial Magistrate, No.2, Bhilwara, in Regular Criminal Case No.17438/2015 vide order dated 08.07.2024 as affirmed by the Learned Addl. Sessions Judge No.2, Bhilwara, vide order dated 05.02.2025 in Cr. Appeal No.161/2024 against the petitioners- applicants (1) Sunil Sharma S/o Shri Naresh Chandra Sharma & (2) Smt. Renu Sharma W/o Sunil Sharma, shall remain suspended till final disposal of the aforesaid revision and they shall be released on bail subject to deposit of 50% of the fine amount as imposed by the learned trial Court, provided they execute a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for their appearance in this court on 26.03.2025 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 revision 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. Petitioners shall deposit 50% of the fine amount as imposed by the learned 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.