Deepak Soni vs State

Heard learned counsel for the parties on the application for suspension of sentence.

Learned counsel for the appellant has submitted that the appellant has been convicted for the offence punishable under Section 392 read with Section 397 I.P.C. and sentenced to undergo 7 years' rigorous imprisonment. Learned counsel for the appellant has submitted that the present appeal against the impugned judgment is pending since May 2016. Learned counsel for the appellant has further submitted that out of 7 years of total sentence, the appellant has already undergone four years' sentence as he is in Jail since 19.1.2015. It is also submitted that there is no likelihood of hearing of the present appeal in near future.

Learned Public Prosecutor has opposed the application for suspension of sentence.

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

Accordingly, the bail application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 29.4.2016 in Case No.15/2015 against appellant Deepak Soni S/o Surajbhan shall remain suspended till final disposal of the aforesaid appeal, 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 26.3.2019 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

That if the appellant 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.

Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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 appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.