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2019 DIGILAW 1788 (RAJ)

Sangam @ Sanjay v. State, Through PP

2019-06-12

ABHAY CHATURVEDI

body2019
JUDGMENT 1. Accused-appellant has preferred this second application for suspension of sentence under Section 389 Cr.P.C. 2. Co-accused Nathu has been released on bail by a Coordinate Bench of this Court vide order dated 02.04.2018 wherein nothing on record to distinguish the case of the present petitioner from that of the co-accused. 3. Learned counsel has further submitted that final adjudication of the appeal is likely to take considerable time and appellant is already in custody for last more than five and half years besides the fact that case of appellant is clearly distinguishable from co-accused. With these submissions, learned counsel has argued that appellants sentence may be suspended. 4. Learned Public Prosecutor has opposed the application for suspension of sentence. 5. Having regard to the facts and circumstances of the case, without expressing any opinion on merits, solely on the basis of prolonged custody of the appellant, I feel inclined to accept this second application for suspension of sentence. 6. Accordingly, the second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Additional Sessions Judge, No. 3, Chittorgarh vide judgment dated 23.09.2016, in Sessions Case No. 62/2014 against appellant-applicant - Sangam @ Sanjay S/o Sambhulal 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. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 15.07.2019 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:- 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 in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused applicant was tried and convicted. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original 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 purposes relating to pendency and disposal of cases in the trial Court. In case the said accused applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.