The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.

ORDER :

MANOJ KUMAR GARG, J.

1. Learned counsel for the petitioners submits that the accused petitioners were on bail during the trial and hearing of the revision will take sufficient long time.

2. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case, the petitioners were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.

3. Accordingly, the application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Chief Judicial Magistrate, Jalore in Criminal Regular Case No.2932/2017 vide order dated 18.11.2023 as affirmed by the learned Sessions Judge, Jalore, vide order dated 13.05.2024 in Criminal Appeal No.64/2023 (CIS No.66/2023) against the petitioners-applicants (1) Kailashnath S/o Jawaharnath & (2) Sureshnath S/o Gulabnath, shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioners shall deposit 50% of the fine amount as imposed by the learned trial Court and they shall be released on bail, provided they execute a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 26.03.2025 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.

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

4. 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.