Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.

ORDER :

(MANOJ KUMAR GARG, J.)

Heard.

2. Admit.

3. Learned AAG accepts notice on behalf of respondent-State.

4. Call for the record.

5. Heard on application for suspension of sentence.

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

7. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. (430 of BNSS) is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Act Cases No.2, Chittorgarh, vide judgment dated 03.02.2025 in Session Case No.67/2017 against the applicants (1) Shankar Lal S/o Gabur Lal, (2) Nijam Khan S/o Khaju Khan Mansuri Musalmaan & (3) Mubarik S/o Jalaludeen Mansuri Musalamaan, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for their 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.

8. 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.