Banwari Lal S/o Shankerlal vs State of Rajasthan

Heard learned counsel for the accused appellants and

learned Public Prosecutor on the application for suspension of

sentence and perused the judgment impugned dated 22.6.2017

passed by learned Additional Sessions Judge , District Alwar,

whereby the accused appellants have been convicted for the

offence punishable under Sections 147 & 323 IPC and have been

sentenced with maximum of 01 years rigorous imprisonment

alongwith fine.

Learned counsel for the accused appellants submits that the

accused were on bail during trial and their sentence has already

been suspended by the learned trial court. There are sufficient

grounds to challenge the impugned judgment of conviction as

mentioned in the memo of appeal. Hence, the accused-appellants

be enlarged on bail while suspending the sentence.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence and submits that the

accused appellants does not deserve the indulgence of suspension

of sentence and their application be therefore dismissed.

Without expressing any opinion on the merits and taking into

consideration all the grounds mentioned in the memo of appeal

assailing the judgment impugned dated 22.6.2017, I am inclined

to suspend the sentence awarded to the accused appellants till

disposal of the appeal.

It is accordingly ordered that the sentence awarded by the

learned Trial Court to the accused appellants in Sessions Case No.

15/2008 shall remain suspended till the final disposal of the

appeal; provided they execute a personal bond in the sum of Rs.

30,000/- along with two sureties in the sum of Rs.15,000/- each

to the satisfaction of the trial court for their appearance on

16.8.2017 and as and when called upon to do so before this Court

along with following conditions:-

(1) that the accused appellants shall inform this court their complete and new address, whenever they change their residence during the pendency of appeal. (2) The accused appellants shall appear before learned trial court during the month of January in every year till the appeal is disposed off.

(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform their new and correct address, whenever they change their place of residence.

The learned trial court shall keep the record of attendance of

the accused appellants in a separate file. Such file be registered

as Criminal Misc. Case related to the Sessions Case in which the

accused appellants 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

accused appellants does not appear before the trial court, the

learned trial judge shall report the matter to the High Court for

cancellation of bail.

Accordingly, the application for suspension of sentence is

disposed off.