Shahrukh @ Modi vs State, Through P.p.

Heard learned Public Prosecutor and perused the application for S.B. Suspension of Sentence (Appeal) No.290/2020.

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. Suspension of Sentence (Appeal) No.290/2020 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 20.12.2019 in Sessions Case No.75/2018 against appellant Shahrukh @ Modi S/o Samsu Khan

@ Samsuddin shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.1,00,000/- with

two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the appellant shall be released on bail

upon furnishing the personal bond. He may furnish requisite sureties by 15th May, 2020 to the satisfaction of the learned trial court for his appearance

in this court on 26.5.2020 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.

In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.