Manoj Kumar Garg, J
Heard learned counsel for the appellant as well as learned Public Prosecutor.
Learned counsel for the appellant submits that the accused-appellant was on bail during trial and there are no criminal antecedents against the
appellant. The hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may kindly be suspended.
Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is
of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences
passed by the learned Additional Sessions Judge, Kherwada, District Udaipur vide judgment dated 13.04.2023 in Sessions Case No.27/2016 against
the appellant- applicant - Ranchod S/o Roopa Modiya, shall be suspended till final disposal of the aforesaid appeal subject to the condition that the
appellant shall deposit the 50% of the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a
personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this
court on 19.02.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they 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/she/they will give in writing his/her/their 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.
4. Appellant shall deposit the 50% of fine amount as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc.
Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for
cancellation of bail.
