The court may suspend a sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.

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 petitioner 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 substantive sentence awarded to the accused petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 483 of BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate, Makarana, District Nagaur in Criminal Original Case No.86/2019 vide order dated 11.10.2023 as affirmed by the Learned Addl. Sessions Judge, Makarana, District Nagaur, vide order dated 07.02.2025 in Cr. Appeal No.16/2023 against the petitioner- applicant Mohan Lal S/o Ganpat Lal, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to deposit of 50% of the fine amount as imposed by the learned trial Court, provided he executes 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 his 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. Petitioner 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.