The court may suspend the sentence of convicted applicants pending appeal if prima facie considerations, such as challenges to witness credibility and the applicants' conduct during trial, justify the grant of bail.

Order

1. The present applications have been filed by the applicants under Section 389 of the Cr.P.C. (430 of BNSS, 2023) seeking suspension of sentence awarded to them by the learned Additional Sessions Judge, Sirohi (hereinafter referred to as ’trial Court’) vide judgment dated 09.06.2025 passed in Session Case No.16/2019, whereby following sentences have been awarded against the accused-applicant.

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2. Learned counsel for the applicants-appellants submits that the applicants have been falsely implicated in the present case as the star witness of the prosecution, viz., P.W.7 Tanu has not named the present applicants nor attributed any role to them. Learned counsel further submits that although P.W.24 Rakesh has named Shailesh in his examination but the testimony of P.W.24 is not credible as his conduct appears to be highly unnatural in view of the fact that if he has seen the incident at about 11.30 P.M. and did not report the police although he was the real brother of the deceased. Learned counsel further submits that during trial, the applicants were on bail. He, therefore, prays that the sentence in the case of present applicants-appellants may be suspended during pendency of the present appeal.

3. Per contra, learned Public Prosecutor opposed the submissions made by learned counsel for the appellants-applicants.

4. We have considered the submissions made at the Bar and have gone through the relevant record of the case.

5. In the considered opinion of this Court, without commenting on the merit and demerit of the case, this Court deems it appropriate to suspend the sentence of the applicants-appellants.

6. Accordingly, the application for suspension of sentence filed by the applicants-appellants is hereby allowed. It is ordered that the sentence passed by the learned Sessions Judge, Sirohi vide judgment dated 09.06.2025 in Session Case No.16/2019 against the applicants-appellants, (1) Shailesh S/o Shri Jitaram, (2) Naresh Kumar S/o Mangilal, and (3) Jagdish S/o Pukhraj shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes 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 14.05.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

(i) That they will appear before the trial Court in the month of January of every year till the appeal is decided.

(ii) That if the applicants changes the place of residence, they will give in writing thier changed address to the trial Court as well as to the counsel in the High Court.

(iii) Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants 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 applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

8. Needless to state that the observations made hereinabove in relation to guilt or otherwise of the applicants is prima-facie opinion considering the material to the extent necessary for the purpose of consideration of instant application. None of the parties shall rely upon the findings or observations made herein at the time of arguing final hearing of the appeal.