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Judgment
Heard learned counsel for the appellant-applicant and learned Public Prosecutor. Perused the material available on record.
By way of the instant 3rd application for suspension of sentence under Section 389 CrPC, the appellant-applicant Ramesh seeks suspension of sentences awarded to him by learned Addl. District & Sessions Judge, Rajgarh District Churu vide judgment dated 25.05.2017 in Sessions Case No.14/2006.
Learned Public Prosecutor has submitted a report received from the SHO Rajgarh. However, the same is silent regarding the criminal antecedents of the accused. In the intervening period, the sentences awarded to the co-accused Ravi Kumar @ Raju have been suspended by this Court vide order dated 06.10.2018. Learned Public Prosecutor is not in a position to dispute that the case of the accused-appellant is in no manner distinguishable from that of the co-accused Ravi Kumar @ Raju.
On a perusal of the order-sheets of the file of the Criminal Appeal, it is apparent that the case has not been taken up for hearing till date. In this background, this Court is inclined to accept the instant 3rd application for suspension of sentences on parity as well as for the reason that the appeal has not been taken up for hearing.
Accordingly, the 3rd 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 Addl. District & Sessions Judge, Rajgarh, District Churu vide judgment dated 25.05.2017 in Sessions Case No.14/2006 against the appellant-applicant Ramesh S/o Om Prakash shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, upon furnishing 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 09.04.2019 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 of 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, 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.