Heard learned counsel for the applicant-appellant as well as learned Public Prosecutor on application for suspension of sentences.
The first application for suspension of sentences filed on behalf of appellant was rejected by this Court by order dated 12.01.2021 which is reproduced
herein below for the sake of ready reference:-
Learned counsel Shri Choudhary candidly concedes that the applicant-appellant has significant criminal antecedents and has also been convicted for
the offence under Section 302 IPC in a case at Haryana in which, he continues to be in custody. However, he urges that that an appeal in the said
matter is pending before Hon'ble the Supreme Court.
Thus, seeking leave to revive the prayer for bail on behalf of the appellant in case of a favorable decision from Hon'ble the Supreme Court, Shri
Choudhary craves liberty to withdraw the instant application for suspension of sentences.
Learned Public Prosecutor does not object to the said prayer.
Thus, the instant application for suspension of sentences is dismissed as withdrawn with the liberty prayed for.
Shri Choudhary has placed on record copy of the order dated 19.03.2021, whereby, the appellant has been enlarged on bail by Hon'ble Supreme Court
in the case arising from FIR No.80/2006, PS Alewa, District Jind, Haryana. In the present case, the appellant is in custody for the last nearly eight
years. The prosecution has alleged in the present case that the appellant herein and the convicted co-accused persons, assaulted the police party, fired
gun shots on them and facilitated the abscondance of the prisoner Ummed Singh who was being taken to the Court in police custody. On merits, the
case of the appellant is herein in no manner distinguishable from that of the other co-accused person whose sentences have been suspended by this
Court.
In this background and having regard to the over all facts as available on record, we are inclined to accept this application for suspension of sentence.
Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed
by the Additional Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 06.07.2018 in Sessions Case No.26/2011 against the appellant-
applicant Balraj @ Baja S/o Shri Chandra Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail,
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 28.05.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) 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.
3. 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 the 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 purpose 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.
