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Judgment
7 paragraphs · 379 wordsHeard learned counsel for the appellants as well as learned public prosecutor and perused the record.
Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellants were on bail during the trial, I consider it just and proper to suspend the substantive sentence awarded to the accused appellants.
Accordingly, the bail application filed by the appellants under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge, Didwana vide judgment dated 08.04.2019 in Sessions Case No.315/2014 (CIS No.315/2014) against the accused-appellants (1) Labu S/o Gautam, (2) Bhuriya S/o Viriya, (3) Kishore @ Kodar S/o Goutam, (4) Narsingh S/o Rama, (5) Baleshwar S/o Gautam, (6) Ratana S/o Viriya, (7) Raku S/o Gautam, (8) Hukiya S/o Viriya and (9) Gautam S/o Hirka, shall remain suspended till final disposal of the aforesaid appeal provided each of them 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 their appearance before this court on 13.06.2019 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 change 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 addresses, 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 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 accused-appellants does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.