Mahesh vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant is in custody since 29.03.2019 i.e. for more than five years and there is no chance of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused petitioner.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional District & Sessions Judge No.4, Jodhpur Metropolitan, vide judgment dated 13.10.2023 in Sessions Case No.125/2019 against the appellant-applicant Mahesh S/o Shri Ranaram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit of 50% of the fine amount as imposed by the learned trial Court and provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 15.07.2024 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.

Appellant shall deposit 50% of the fine amount as imposed by the learned 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.