1 S.B.Cr.Misc. Bail App. No. 133/07 IN S.B.CRIMINAL REVISION NO. 590/2007 (Shankar Lal Vs. State of Rajasthan) Date of order : 18/7/2007 HON'BLE MR.H.R.PANWAR, J. Mr. Sandeep Mehta for the petitioner-applicant. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the judgment and order impugned and the record of the court below. Learned counsel for the petitioner submits that there is no link evidence in the case that the sample and the seal thereon remained intact right from its seizure till it reached to Chemical Analyzer. It is further submitted that PW-6 Mukesh Devpura states that he deposited the sample through Ex.P-6, whereas PW-4 Mohan Lal stated that the sample was given to him by Vivekanand Sharma and Vivekanand Sharma has not been examined. Admit. Issue notice. Mr. Ashok Upadhyay, P.P. accepts notice on behalf of State. Heard learned counsel for the parties on the bail application seeking suspension of sentence. Having considered the totality of facts and circumstances of the case and looking to the short sentence as 2 also the fact that the petitioner has already suffered the imprisonment of more than 20 days, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused petitioner-applicant. Accordingly, the bail application filed under Sec. 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the trial court and affirmed by the learned Additional Sessions Judge, (Fast Track) No.2, Udaipur vide judgment dt. 27.6.2007 in Criminal Appeal No. 37/2007 against applicant Shankar Lal S/o Onkar Lal Choudhary shall remain suspended till final disposal of the aforesaid revision provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 21.8.2007 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence. (H.R.PANWAR),J. rp