1 S.B. Criminal Misc. II Application For Suspension of Sentence No.699/2007 In S.B. Criminal Appeal No.126/2005 Date : 26.07.2007 HON'BLE MR.SATYA PRAKASH PATHAK,J. Mr. P.N. Mohanani for the applicant. Mr. Ashok Upadhyaya, Public Prosecutor. I have heard learned counsel for the parties on the application for suspension of sentence. This is second application for suspension of sentence. The contention of learned counsel for the applicant is that literally half of the sentence has been undergone by the accused applicant and it is not sure that when the matter is taken up for final hearing, therefore, the case of the accused applicant should be considered. In support of its case, learned counsel has placed reliance on a decision rendered by Hon'ble Apex Court in the case of Kamal Vs. State of Haryana, reported in 2006 1 SCC (Cri) 757. 2 On the other hand, learned Public Prosecutor has opposed the application for suspension of sentence. I have considered the submissions made before me. It appears that the accused applicant was sentenced for 10 years under different sections of the Penal Code. In view of the fact that the accused applicant has undergone half of the sentence and the case is not likely to take up for final hearing, I deem it just and proper to suspend the sentence of imprisonment awarded to the accused applicant. Accordingly, the bail application filed by the applicant is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge (Fast Track) Balotra, camp Barmer vide judgment dated 27.08.2004 in Sessions Case No.45/2003 (old 17/2003) against applicant Sanjay Yadav s/o Deen Dayal shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond in the sum of Rs.30,000/- with two sound and solvent sureties in the sum of Rs.15,000/- each to the satisfaction of the learned trial Judge for 3 his appearance before this court on 29th August, 2007 and as when called upon to do so incorporating in the bond that as and when he will shift his place of residence, he will intimate to this Court and his counsel about his new place. (SATYA PRAKASH PATHAK), J. vij