Saddam Hussain And Ors vs State

Learned Public Prosecutor Shri Anil Joshi has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the applicants-appellants and learned Public Prosecutor. Perused the material available on record.

Learned Counsel Shri Saraswat submits that the trial court has convicted the applicants-appellants only for the offences under Sections 120-B & 201 IPC and sentenced each of them to undergo seven years' RI on each count alongwith fine. He further submits that the applicants-appellants were on bail during the course of trial and hearing of the apeal is likely to consume time. He thus, craves acceptance of the instant application for suspension of sentences.

Learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the learned counsel representing the accused appellants and submits that the applicants-appellants do not deserve indulgence of bail during the pendency of the appeal.

Having regard to the facts and circumstances of the case, without commenting on the merits of the case, we are inclined to accept this application for suspension of sentences. 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 No.2, Nohar, District Hanumangarh, vide judgment dated 19.07.2019 in Sessions Case No.32/2015 (26/15) (CIS No.34/2015) against the appellantsapplicants (1) Saddam Hussain S/o Harun, (2) Harun S/o Noordeen @ Noor Mohammad (3) Arif Mohammad S/o Harun & (4) Sabrai W/o Harun shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 19.09.2019 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.