1 S.B.CR.SUSPENSION OF SENTENCE NO.706/2009 in SB Cr.Appeal No.683/2009 (Ramlal Vs. State) Date of order : 20-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Manoj Kumar Madhani, for the appellant. Mr.S.K.Mehla, Public Prosecutor. An application on behalf of applicant Ramlal under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 15.6.09 passed by learned Addl. Sessions Judge (Fast Track) No.3, Jhunjhunu, Head Quarter Nawalgarh in sessions case no.21/2009 whereby applicant has been convicted for the offence under Sec.436 IPC and sentenced to maximum period of five years' rigorous imprisonment along with fine. Learned counsel for the applicant submits that accused-applicant Ramlal is in custody since 15.6.09 and he has remained in jail for total period of about six months. It is also submitted that FIR is delayed one 2 and name of the witnesses who saw him while the Chhapar was being put on fire has not been given. The Chappar was not inhabited and it was stated to be meant for keeping things belonging to temple. It is also submitted that accused-appellant has been accused on the basis that earlier also he is stated to be found under intoxication. Thus looking to the nature of offence and quantum of sentence, he may be granted benefit of suspension of sentence. Learned Public Prosecutor opposed the bail application. Heard learned counsel for the applicant, learned Public Prosecutor for the State and perused the relevant material placed before me. Taking into consideration the entire facts and circumstances of the case, looking to the nature of evidence adduced and without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-applicant named above. 3 Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicant Ram Lal S/o Bhopal Ram in sessions case no.21/2009 shall remain suspended till the final disposal of aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance in this court on 23.11.2009 and whenever called upon to do so. (Guman Singh),J. Sandeep/- Item No.39