Suspension of sentence justified due to prolonged custody and lack of expeditious hearing of the appeal.

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

4 22-12-2025 Re.: I.A. No. 01 of 2025 Heard learned counsel for the appellant and learned A.P.P. for the State.

2. The present interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of bail during pendency of the present appeal.

3. The appellant has been convicted and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 25,000/- for the offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine, to undergo rigorous imprisonment for 01 year. Further, the appellant was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/- for the offence under Section 27 of the Arms Act and in default of payment of fine, to undergo rigorous imprisonment for 06 months. However, all the sentences were directed to run concurrently.

4. It is submitted on behalf of the appellant that the appellant has wrongly been convicted by the learned Trial Court. The learned Trial Court has not appreciated the evidence available on record. Further, it has been submitted that the appellant is in custody since 22.11.2018 and has remained in custody for more than 07 years. It is submitted that the appeal is not likely to be taken up for hearing in near future. He has further submitted that in the FIR, there were only general and omnibus allegation, whereas during the trial, a specific allegation was attributed to the appellant. He further submits that the evidence adduced during the trial is contrary to what was alleged in the FIR. Learned counsel for the appellant has relied upon the case of Ash Mohammad Vs. Shiv Raj Singh reported in (2012) 9 SCC 446 where the Hon’ble Supreme Court has held that the period of custody is a relevant factor and the appellant has already remained in custody for more than seven years. Learned counsel for the appellant has further relied upon the case of Kashmira Singh Vs. State of Punjab reported in (1977) 4 SCC 291 where the Hon’ble Supreme Court has held that the suspension of sentence is justified where the Court is not in a position to dispose of the appeal expeditiously. Further, learned counsel for the appellant has relied upon the judgment in the case of Bhagwan Rama Shinde Gosai v. State of Gujarat reported in (1999) 4 SCC 421

5. Learned Additional P.P. appearing for the State has opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts, during the pendency of the present criminal appeal, let the sentence of the appellant, namely, Kushagra Kumar @ Kushagra Kumar Gabbar @ Gabbar Mallick @ Gabbar Balmiki, be suspended and he be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Saharsa in Session Trial Case No. 64/2021 and 65/2021, arising out of Saharsa Sadar P.S. Case No. 1226/2018.

7. Realization of fine, if any, shall remain stayed during the pendency of the present appeal.

8. Accordingly, I.A. No. 01 of 2025 stands disposed of.

(Sudhir Singh, ACJ)