Order

1. The present application has been filed by the applicant under Section 389 of the Cr.P.C. (430 of BNSS, 2023) seeking suspension of sentence awarded to him by the learned Additional Sessions Judge, Bhadra, District Hanumangarh (hereinafter referred to as ’trial Court’) vide judgment dated 04.04.2025 passed in Session Case No.20/2019, whereby following sentences has been awarded against the accused-applicant.

2. Learned counsel for the applicant-appellant submits that the applicant have been falsely implicated in the present case. It is submitted that sentence of co-accused Sushil Kumar @ Jhila has already been suspended by the coordinate Bench of this Court vide order dated 17.04.2026 and the case of the present applicant is not distinguishable from that of the co-accused. He, therefore, prays that the sentence in the case of present applicant-appellant may be suspended during pendency of the present appeal.

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

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 applicant-appellant.

6. Accordingly, the application for suspension of sentence filed by the applicant-appellant is hereby allowed. It is ordered that the sentence passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 04.04.2025 in Session Case No.20/2019 against the applicant-appellant, Daya Ram S/o Shri Pratap Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 his appearance in this Court on 25.05.2026 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-applicant 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.