Kamlesh And Ors vs State

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

Call for the record.

Heard learned counsel for the parties on S.B. Criminal Suspension of Sentence Application No.190/2020.

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 appellants.

Accordingly, S.B. Criminal Suspension of Sentence Application No. 190/2020 filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 07.01.2020 in Case No.18/2015 against appellants Kamlesh S/o Gopal and Kalu @ Dinesh S/o Shri Chotu Lal shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their 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 they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the appellants changes the place of residence, they will give in writing their 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-appellants in a separate file. Such file be registered as Criminal misc. Case related to original 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 said accused appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.