The court mandated the suspension of the substantive sentence under Section 389 Cr.P.C. pending revision, emphasizing the procedural rights of the petitioner.

Order

20/06/2025 Heard.

Admit. Issue notice.

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

Call for record.

Heard on application for suspension of sentence (S.B.

Criminal Misc. Suspension of Sentence No.163/2025).

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).

Accordingly, the application for suspension of sentence (S.B.

Criminal Misc. Suspension of Sentence No.163/2025) filed under Section 389 Cr.P.C. (Corresponding to Section 430 BNSS) is allowed and it is ordered that the substantive sentences passed by the learned Additional Chief Judicial Magistrate (First Class), Sadulshahar, District Sri Ganganagar vide judgment dated 08.02.2016 in Criminal Case No.45/2000 as affirmed by learned Additional Session Judge, Sadulshahar, District Sri Ganganagar vide order dated 05.06.2025 in Criminal Appeal No.181/2021 (54/2016) against the accused-petitioner – Pawan Kumar S/o Shri Sahab Ram shall remain suspended till final disposal of the aforesaid revision and he/she/they shall be released on bail, provided he/she/they executes 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 for his/her/their appearance in this court on 21.07.2025 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.