Kanhaiya Lal @ Kana vs State

Applicant-appellant has laid this application for suspension of sentence under Section 389 Cr.P.C. Learned trial Court, by the impugned judgment, convicted him for offence punishable under Section 302 read with Section 34 IPC and Section 4/25 of the Arms Act.

It is contended by learned counsel that applicant-appellant was on bail during trial. Learned counsel has further submitted that solitary evidence against the appellant is recovery of sword but there is no evidence to show that he was actively involved in commission of offence and in fact the entire overt-act is attributed to co-accused Om Prakash. It is also submitted by learned counsel that during trial cogent evidence was available to show motive of co-accused Om Prakash whereas no such incriminating evidence was available against applicant-appellant. With these submissions, learned counsel has prayed for suspension of sentence.

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 record.

Upon perusal of the record, without expressing any opinion on merits of the case, we feel inclined to accept this application 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, Chittorgarh, vide judgment dated 03.11.2018, in Sessions Case No.46/2015 against appellant-applicant Kanhaiya Lal @ Kana S/o Devi Lal, 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.