D. B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF SENTENCE) NO.763/2008 IN D. B. CRIMINAL APPEAL NO.294/2008 (PRAKASH V. THE STATE OF RAJASTHAN). DATE : 04-08-2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C. M. TOTLA, J. Mr. Sandeep Mehta, for appellant. Mr. V. R.Mehta, PP, for the State. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence of appellant Prakash. According to the learned counsel for the appellant, in fact the prosecution gave a total false story and the defence set up by the accused has been proved by them and that is more probable. It is also submitted that seven accused were tried and two have been convicted and important is that no identification parade was conducted and further the principal witness PW 11 Gurusewak when asked to identify the accused, he wrongly identified the accused Prakash and insisted for a wrong person that he is Prakash. Learned counsel for the appellant also submitted that other accused have been acquitted by the trial Court itself. He also referred the medical report of victim and injured. After going through the evidence of PW 11 and other witnesses, without commenting on the merits of the case, we are of the view that the bail application for suspension of sentence deserves to be allowed and it is hereby allowed. 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 the learned Additional Sessions Judge (Fast track) No. 2, Bikaner in Sessions Case No.40/2007 vide his judgment dated 23.04.2008 against the accused – applicant Prakash s/ko. Jharisava shall remain suspended till the final disposal of the aforesaid criminal appeal, provided he furnishes a personal bond in the sum of Rs.30,000/- and two sound and solvent sureties of Rs.15,000/- each to the satisfaction of the learned trial court for his appearance before this Court on the conditions indicated below: - (i) That he will appear before this Court on 08.09.2008. (ii) That he will appear before the trial court in the months of January and June of every year till the appeal is decided. (iii)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 his counsel in the High Court. (iv)Similarly, if the sureties change their address,they will give in writing their changed address to the trail court. The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Cr. Misc. Case related to Sessions 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. (C. M. TOTLA), J. (PRAKASH TATIA), J. scd