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Judgment
11 paragraphs · 343 wordsAdmit.
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.209/2020.
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 appellant.
Accordingly, S.B. Criminal Suspension of Sentence Application No. 209/2020 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 10.01.2020 in Case No.41/2015 against appellant Pawankumar S/o Shri Satyanarayan Ji, 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 03.03.2020 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 accusedappellant 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.