The failure of the victim to identify the convict-applicant is significant for considering bail suspension, highlighting the court's discretion in such matters.

ORDER :

This Suspension of Sentence Application has been moved on behalf of the convict-applicant Prem Kumar who has suffered conviction and sentence of rigorous life imprisonment with a fine of Rs. 1,00,000/- under Section 364-A of the Indian Penal Code and sentences of various terms under Sections 368 , 342 and 120-B of the Indian Penal Code .

2. During the trial, the prosecution examined thirty two witnesses out of whom the victim-boy Rishabh Soni was examined as PW-19. The father of the victim-boy tendered evidence as PW- 17 to the effect that he received ransom calls made from a telephone booth and, in support thereof, CDR’s were produced during the trial.

3. The learned counsel for convict-applicant submits that the failure of PW-19 to identify and name the present convict- applicant shall go to the root of the matter and that shall be a ground to enlarge the present convict-applicant on bail by suspending the sentence awarded to him in Sessions Case No.11 of 2008.

4. Mr. Deepak Choudhary, the learned Additional Advocate General has opposed the present Suspension of Sentence Application.

5. However, in view of the evidence tendered by PW-17 and PW-19, we are of the opinion that the present convict-applicant has made out a case for suspending the sentence awarded to him in Sessions Case No.11 of 2008.

6. Ordered accordingly.

7. Having regard to the aforesaid facts and circumstances of the case, D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 198 of 2025 is allowed and it is ordered that the substantive sentence awarded to the convict-applicant Prem Kumar son of Ramswaroop shall remain suspended till final disposal of D.B. Criminal Appeal No. 43 of 2025 and he shall be released on bail, upon furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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 convict-applicant shall appear before the Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur on 24^th March 2025. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was 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 purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicant fail to appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.