Sandeep @ Ravan vs State

Applicant has laid this second application for suspension of sentence handed down by learned trial Court while convicting him for offence punishable under Section 307 IPC.

Learned trial Court, by its judgment dated 18.06.2016, convicted the applicant for offence under Section 307/34, 341, 392/34, 394/34, 397/34 IPC and Section 3/25 of the Arms Act and handed down maximum sentence of seven years' imprisonment for the serious offence under Section 307 IPC. All the sentences were ordered to run concurrently.

It is submitted by learned counsel that applicant has already remained in custody for four years and eight months out of maximum sentence of seven years and final hearing of the appeal is unlikely in near future. With this plea, learned counsel for the applicant has prayed for suspending the sentence.

Learned Public Prosecutor has opposed the second application for suspension of sentence.

Having regard to the facts and circumstances of the case and considering the prolonged incarceration of applicant, I feel inclined to accept the second application for suspension of sentence.

Accordingly, the second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional District & Sessions Judge, Bhadra, District Hanumangarh, vide judgment dated 18.06.2016, in Sessions Case No.17/2015 against appellant-applicant Sandeep @ Ravan S/o Late Shri Amar Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he executes a personal bond in a sum of Rs.50,000/- with two sureties of like amount including one local surety to the satisfaction of learned trial Judge for his appearance in this Court on 27.09.2019 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

That he will appear before the trial Court in the month of January every year till the appeal is decided.

That if the applicant 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(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 purposes relating to pendency and disposal of cases in the trial Court. In case the said accused-applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.