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Judgment
Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the instant second application for suspension of sentence.
Learned Counsel for the appellant-applicant urges that after rejection of the earlier application for suspension of sentences, the sentences awarded to the principal co-accused Ugrasen and Tarsem Singh have been suspended by this Court and the case of the present applicant-appellant stands on a better footing in comparison. He thus, craves indulgence of bail to the applicant-appellant.
Learned Public Prosecutor is not in a position to dispute the facts pointed out by the Counsel for the applicant-appellant.
In this view of the matter and considering the overall facts and circumstances of the matter, I feel inclined to accept this second application for suspension of sentences filed on behalf of the applicant Gursharan Singh @ Gurshant Singh S/o Shri Hari Singh.
Accordingly, the instant second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST Act Cases, Hanumangarh vide judgment dated 17.12.2016 in Sessions Case No.29/2015 (CIS No.30/15) against the appellant-applicant Gursharan Singh @ Gurshant Singh S/o Shri Hari Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail upon his furnishing 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 07.06.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
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.
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(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.