Sunil Raj vs State

Accused-applicant has laid this application under Section 389 Cr.P.C. seeking suspension of sentence handed down by learned trial Court for offence punishable under Section 302/34 IPC is Sessions Case No.16/15.

It is contended by learned counsel for the applicant that admittedly no injury much less fatal injury is attributed to the applicant. Learned counsel has further submitted that during scuffle as a matter of fact no weapon was used and allegations are that deceased was given beatings by fist blows and legs. Learned counsel has also argued that sentence of co-accused Balmukund @ Himmat Lal Bhoi S/o Amba Lal has already been suspended by the Court on 03.11.2018 while deciding D.B. Suspension of Sentence (Appeal) No.1250/2018 and case of the applicant is not distinguishable from him.

Per contra, learned Public Prosecutor has opposed the application for suspension of sentence, however, submits that he does not want to file any reply in the matter.

We have heard learned counsel for the parties and perused the material available on record.

Having regard to the facts and circumstances of the case, we feel persuaded to accept the applications for suspension of sentence.

Accordingly, the 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 Sessions Judge No.2, Udaipur, vide judgment dated 18.12.2017, in Sessions Case No.16/2015 (149/2015) against appellant-applicant Sunil Raj S/o

Sh. Harish Chandra Raj, 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 to the satisfaction of learned trial Judge for his appearance in this Court on 02.07.2019 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.