Shanker Lal vs State Of Rajasthan

Dr Pushpendra Singh Bhati, J

Learned counsel for the appellant submits the sentence awarded to the appellant is eight years and the connectivity of the appellant with the incident is doubtful.

Learned counsel for the appellant, however, makes a limited submission that out of total eight years of sentence, the petitioner has already undergone the sentence of five year, eights months and eighteen days as on 19.07.2022. Learned counsel, therefore, prays that the sentence of the appellant be suspended during the pendency of the appeal.

Learned Public Prosecutor has opposed the application.

This Court, looking into the record, factual matrix as well as the sentence undergone by the appellant which is of five years, eight months and eighteen days, is inclined to suspend the sentence awarded to the accused-appellant.

Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

Accordingly, the present 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 04.05.2012 in Sessions Case No.08/2010 against applicant- appellant Shanker Lal S/o Choga Lal 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 30.08.2022 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.

In case the applicant-appellant commits any crime or indulge himself in any unlawful activity, irrespective of his role, if any, therein, in future, learned Public Prosecutor shall be free to move an application, in the present case as well, for cancellation of the present order of suspension of sentence.