Ayub @ Anna vs State

Heard Mr. Mohd. Jahir Elder Brother of the applicant appellant and learned Public Prosecutor on application for suspension of sentences and perused the material available on record.

Learned Public Prosecutor has submitted the custody certificate of the accused-appellant which indicates that he had remained in custody for actual period of 7 years, 8 months and 21 days till 30.09.2018. By now, the accused has undergone more than eight years incarceration out of maximum sentence of ten years awarded to him by the Trial Court. The appeal has not been taken up for hearing till date.

Upon a consideration of the arguments advanced on behalf of the applicant appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge, AbuRoad (Sirohi), vide judgment dated 08.05.2013 in Sessions Case No.01/2012 against the appellant-applicant Ayub Alias Anna 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.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 14.03.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.