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2018 DIGILAW 1837 (RAJ)

Darsan Singh Bawari v. State

2018-09-05

NIRMALJIT KAUR, VINIT KUMAR MATHUR

body2018
JUDGMENT : NIRMALJIT KAUR, J.: 1. This is bail application under Section 389 of Cr.P.C. for suspension of sentence awarded to the accused-appellant by Additional Sessions Judge (Special Court of Women Atrocities and Dowry Cases) Sri Ganganagar vide Judgment dated 28.04.2014 passed in Sessions Case No. 34/2013 for the offences under Section 498-A, 306 & 304-B of I.P.C. 2. Learned counsel for the applicant submits that the applicant-appellant is in judicial custody for last more than five years and hearing of the appeal is likely to take long time, therefore, during the pendency of the appeal, the sentence awarded to the applicant may kindly be suspended. 3. Learned Public Prosecutor opposes the bail. 4. Having considered all the facts and circumstances of case, without making any observation on the merits of the case, we are inclined to suspend the sentence of the applicant. 5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by Additional Sessions Judge (Special Court of Women Atrocities and Dowry Cases), Sri Ganganagar vide his judgment dated 28.04.2014 against the applicant - Darshan Singh S/o Balbeer Singh shall remain suspended till the final disposal of the aforesaid criminal appeal provided he executes two sureties in the sum of Rs. 25,000/- each and a personal-bond in the sum of Rs. 50,000/- alongwith to the satisfaction of the learned trial court for his appearance in this Court as and when called upon to do so with the following conditions:- 1. That he will appear before the trial court in the month of January every year till the appeal is decided. 2. That if the applicant changes the place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court. 3. Similarly if sureties change their addresses, they will give in writing their changed addresses to the trial court. 6. 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 the Sessions Case in which the accused-applicant 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. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-applicant 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-applicant does not appear before the trial court as and when called upon to do so, the learned trial judge shall report the matter to the High Court for cancellation of his bail.