S.B. Criminal Miscellaneous Fourth Bail Application (Suspension of Sentence) No.202 of 2008. In S.B. Criminal Appeal No.1094 of 2005. Banshidhar & Another Vs. State of Rajasthan Date Of Order ::: 27/03/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. Kamlendra Sihag, advocate, for Mr. Biri Singh Sinsinwar, Counsel for the accused/appellants. Mr. M.C. Gupta, Public Prosecutor for the State. Heard learned counsel for the parties. This is fourth application for suspension of sentence on behalf of the accused/appellants. The learned counsel for the accused/appellants contended that while dismissing the third application of appellants on 23.07.2007 for suspension of sentence, this Court directed to list the appeal itself for hearing, with liberty to the appellants that in case the appeal is not disposed of within a period of three months, then it will be open for them to move fresh application. In these circumstances, he has now moved this application after expiry of period of eight-months, after rejection of third application, as his appeal has not been disposed of so far. It is further contended on behalf of the appellants that they have already remained in Jail for more than three-years-&-six-months against the total sentence of imprisonment of seven-years, as awarded by the trial Court and the disposal of the appeal is likely to take some more time, therefore, the sentence of imprisonment awarded to the appellants be suspended during the pendency of this appeal. I have considered the submissions of the learned counsel for the parties. After considering all the facts and circumstance of the present case, and without expressing any opinion on merits and demerits of the case, I think it fit and proper to allow this fourth application for suspension of sentence of imprisonment of the appellants awarded by the learned Additional Sessions Judge, Neem-ka-thana, District Sikar, in Sessions Case No.35/04 (BT No.35/04), vide its judgment and order dated 19.10.2005. It is, therefore, ordered that the sentence of imprisonment awarded to the accused-appellants namely; Banshidhar son of Shri Bija Ram Kumawat and Vinod Kumar son of Shri Banshidhar Kumawat, both residents of Toda, Police Station Neem-ka-thana, District Sikar, shall remain suspended during the pendency of this appeal and they may be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the learned trial Court with the stipulation to appear before this Court on 28.04.2008 and whenever called upon to do so. (Narendra Kumar Jain) J. ashok/