The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.

Order :

1. Heard.

2. Admit. Call for record.

3. Issue notice.

4. Learned Public Prosecutor accepts notice on behalf of sole respondent.

5. Heard learned counsel for the petitioner and learned public prosecutor on application for suspension of sentence No.10/2025.

6. Learned counsel for the petitioner submits that petitioner was on bail during the trial and the sentence of similarly situated co-accused Bharat has already been suspended. Counsel further submits that the fine amount has already been deposited by the petitioner.

7. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused petitioner.

8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate Seemalwara, District Dungarpur, in Criminal Original Case No.50/2006 (CIS No.1460/2015) vide order dated 06.12.2017 as partly allowed by the Learned Addl. Sessions Judge Dungarpur vide order dated 09.12.2024 in Cr. Appeal No.122/2019 (CIS No.01/2018) against the petitioner-applicant Nemichand S/o Shri Nanuram Regar shall remain suspended, till final disposal of the aforesaid revision 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 of to the satisfaction of the learned trial Judge for his appearance in this court on 12.03.2025 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.

9. 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.