Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.

ORDER :

MANOJ KUMAR GARG, J.

1. Heard.

2. Admit. Issue notice.

3. Learned Public Prosecutor accepts notice on behalf of respondent – State.

4. Heard on application for suspension of sentence No.48/2025. Upon a consideration of the arguments advanced by the petitioner(s) and having regard to the facts and circumstances of the case including the fact that the petitioner(s) was on bail during the trial and hearing of the revision petition is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).

5. Accordingly, the application for suspension of sentence filed under Section 438 R/w 442 of BNSS (Old Section 397 R/w 401 Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand vide judgment dated 15.07.2013 in Original Criminal Case No.200/2008 as affirmed by learned Additional Session Judge, Nathdwara, District Rajsamand vide order dated 27.01.2025 in Criminal Appeal No.32/2013 against the accused-petitioner(s) – Azad Khan S/o Shri Sher Singh shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioner(s) shall deposit 50% of the fine amount as imposed by the learned trial Court and he/she/they shall be released on bail, provided he/she/they executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his/her/their appearance in this court on 25.03.2025 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 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, they will give in writing their changed address to the trial Court.

4. Petitioner(s) shall deposit 50% of fine amount as imposed by the learned trial court.

6. The learned trial Court shall keep the record of attendance of the accused-petitioner(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-petitioner(s) 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 purpose relating to pendency and disposal of cases in the trial court. In case the said accused petitioner(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.