2019 (7) TMI 1938 - HC - Indian Laws

Application for suspension of sentence - Section 389 of Cr.P.C. - HELD THAT - Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, including the fact that appellants No.2 3 were on bail during the trial. This court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants No.2 3. 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 Special Judge NDPS Act Cases No.1, Chittorgarh vide judgment dated 16.01.2018 in Session Case No.45/2013 against the appellants-applicants 1. Nepal Singh Meena S/o Karulal Meena 2.Mohd. Israfil S/o Sarifur Rehman shall remain suspended till final disposal of the aforesaid appeal and they will be released on bail, provided they execute 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 their appearance in this court on 09/08/2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file.

Summary

Issues: Application for suspension of sentence under Section 389 Cr.P.C.

The judgment delivered by Mr. Justice Manoj Kumar Garg, J., pertains to an application for suspension of sentence under Section 389 Cr.P.C. The counsel for the appellant expressed a desire not to press the application for suspension of sentence for appellant No.1, Ashok Kumawat. Consequently, the application was dismissed as not pressed for appellant No.1. However, after hearing arguments from both parties, the court found that it was a fit case to suspend the sentence awarded to accused-appellants No.2 & 3, Nepal Singh Meena and Mohd. Israfil. The court allowed the application for suspension of sentence and ordered that the substantive sentences passed against the appellants shall remain suspended until the final disposal of the appeal. The accused-appellants were granted bail upon certain conditions, including executing a personal bond and providing sureties. The court also imposed conditions related to appearance before the trial court and notification of any change in residence or address. The trial court was directed to maintain a separate file for recording the attendance of the accused-applicants and to report any non-appearance to the High Court for cancellation of bail.

In conclusion, the High Court of Rajasthan, through this judgment, granted the application for suspension of sentence under Section 389 Cr.P.C. for accused-appellants No.2 & 3, Nepal Singh Meena and Mohd. Israfil. The court allowed their release on bail with specified conditions to be followed until the disposal of the appeal. The judgment outlines the obligations and responsibilities imposed on the accused-appellants to ensure compliance with the conditions set forth by the court.