Nirmal Kumar vs State Of Rajasthan

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

Learned counsel for the appellant has submitted that the appellant was convicted for the offences punishable under Sections 498-A and 304-B IPC and maximum sentence awarded to him is 10 years. Learned counsel for the appellant has submitted that the appellant is in jail since 10.12.2013 and as such he has already undergone half of the sentence i.e. around 5 years and 2 months till date whereas hearing of the appeal is likely to take time, therefore, the sentence awarded to him by the trial court may be suspended.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the suspension of sentence application.

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 suspension of sentence 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 15.10.2018 in Sessions Case No.17/2014 against appellant Nirmal Kumar S/o Kishanlal 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 25.03.2019 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.