Order

1. The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 15.09.2018 passed by the learned Additional Chief Judicial Magistrate, Jahazpur, District Bhilwara in Criminal Regular Case No.467/2012 whereby they were convicted and sentenced to suffer maximum three years’ rigorous imprisonment under Sections 409, 477-B and 120-B of IPC and lesser punishment for the other offences under Section 465 of IPC.

2. Learned public prosecutor has vehemently opposed the prayer made in the application for releasing the petitioners on suspension of sentence.

3. Heard and perused the material available on record.

4. Considering the investigational defect and the submission with regard to keeping the documents intact and in safe custody and further taking into consideration that the evidence brought on record are required to be appreciated again by this Court to examine whether the prosecution has succeeded in establishing the guilt against the petitioner, it would be apt to interfere.

5. Looking to the totality of facts and circumstances of the case, more particularly the fact that the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

6. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Chief Judicial Magistrate, Jahazpur, District Bhilwara who passed the impugned order 15.09.2018 in Criminal Regular Case No.467/2012 against the petitioner-applicant- Brijmohan S/o Shri Chheetarlal and Bhanwarlal S/o Shri Gangaram shall remain suspended till final disposal of the aforesaid revision and they shall be released on bail provided each of them execute 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 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

(2) That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.

(3) Similarly, if the sureties change their addresses, 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 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 applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.