Where an accused has remained on bail during trial without misuse of liberty and the appellate process is likely to be delayed, the court may exercise its discretion to suspend the substantive sentence pending the final resolution of the appeal.

JUDGMENT :

This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicants (for brevity, “the applicants”) alongwith the appeal. The applicants have been convicted and sentenced by the learned Additional Sessions Judge, Nadbai, District Bharatpur (for short, ‘the learned trial Court’) vide judgment dated 02.04.2026 passed in Sessions Case No.10/2025 (CIS No.10/2025) as under:-

1. Under Section 341 IPC: One month’s simple imprisonment each.

2. Under Section 323/34 IPC: One year’s simple imprisonment and fine of Rs.500/- each; in default whereof, seven days' additional simple imprisonment.

3. Under Section 324/34 IPC: Three years' simple imprisonment and fine of Rs.1,000/- each; in default whereof, fifteen days' additional simple imprisonment.

4. Under Section 302/34 IPC: Life imprisonment and fine of Rs.10,000/- each; in default whereof, six months additional rigorous imprisonment.

All the sentences to run concurrently.

2. Learned counsel for the applicants submits that the deceased-Deshraj has received only one fatal injury on his head as per his postmortem report (Exhibit P.-30) which has specifically been attributed, by the injured eye witnesses, to the co-accused Ramesh. He contends that the applicants were on bail during trial, hearing of the appeal is likely to take time. He, therefore, prays for suspension of substantive sentence awarded to them vide judgment impugned dated 02.04.2026 during pendency of the appeal.

3. Per contra, learned Public Prosecutor opposed the prayer.

4. Heard. Considered.

5. As per the medical evidence, the deceased has received one fatal injury on his head which has been attributed to the co- accused Ramesh by the injured eye witnesses. The applicants have been convicted under Section 302 IPC with the aid of Section 34 IPC. They were on bail during trial with no allegation of its misuse and hearing of the appeal is likely to take time. In view thereof, we deem it just and proper to allow the application for suspension of sentence filed by the applicants.

6. Accordingly, the suspension of sentence application is allowed. Substantive sentences awarded to the applicants by the learned trial Court vide judgment dated 02.04.2026 shall remain suspended during pendency of the appeal and the applicants-1. Virendra S/o Bhadairam, 2. Vijay S/o Ramesh and 3. Gaurav S/o Virendra shall be released on bail provided each of them furnish bail bonds to the satisfaction of the learned trial Court to the effect that they shall appear before this Court on 30.06.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:-

1. That they will appear before the learned 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 address(es) to the learned trial Court as well as to their learned counsel in the High Court who shall, in turn, inform this Court.

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

7. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file(s). Such file(s) be registered as Criminal Misc. Case relating 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(s) shall not be taken into account for statistical purpose relating to pendency and disposal of the case in the learned trial Court. In case, the said accused-applicants do not appear before