Dev Kishan @ Devendra @ Deven vs State

The learned Public Prosecutor has chosen not to file reply to the application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the applicant-appellant as well as learned Public Prosecutor and perused the material available on record.

The case of the prosecution is purely based on circumstantial evidence. The application for suspension of sentences filed on behalf of co-accused Bhalla Ram @ Bhaliya (D.B. Criminal Misc. Suspension of Sentences Petition No.992/2019) has been accepted by this Court vide order dated 17.10.2019, after detailed consideration of the evidence available on record. Thereafter, the applications for suspension of sentences filed on behalf of co-accused Mohan Ram @ Mohaniya and Anil Kumar (D.B. Criminal Misc. Suspension of Sentences Application (Appeal) No.1194/2019 and D.B. Criminal Misc. Suspension of Sentences Application (Appeal) No.1339/2019) have also been accepted by this Court vide orders dated 11.11.2019 and 02.01.2020 respectively. The case of the accused-appellant is in no manner distinguishable from that of the co-accused Bhalla Ram @ Bhaliya, Mohan Ram @ Mohaniya and Anil Kumar. Shri Gautam thus, craves indulgence of bail to the applicant-appellant during the pendency of the appeal.

Learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the appellant's counsel.

Upon a consideration of the arguments advanced on behalf of the 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 Additional Sessions Judge No.3, Bikaner, vide judgment dated 19.08.2019 in Sessions Case No.154/2012 against the appellant-applicant Dev Kishan @ Devendra @ Deven S/o Moolchand 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 02.03.2020 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.