S. B. CRIMINAL MISC. (SUSPENSION OF SENTENCE ) 2ND BAIL APPLICATION NO.436/2010 IN S. B. CRIMINAL APPEAL NO. 428/2008 DATE OF ORDER ::: 08.04.2010 HON'BLE MR. C. M. TOTLA, J. Mr. Mukesh Sharma, for Applicant (s). Mr. K.K.Rawal, PP, for the State. Arguing for suspension of sentence, learned counsel submits that it is second such application, but earlier was dismissed for non-prosecution because of absence – Learned counsel submits that appellant is sentenced for the offence of S.376 but said female has not appeared in evidence and for her mental state, no definite medical evidence is – delay in FIR – said eye-witness PW 6 do not support prosecution, whereas presence of other PW 1 not named to have come there. Submits that appellant is a retired army man and in any case above 65 years of age. Learned Public Prosecutor opposed. Having gone through the record and considering arguments, without commenting on the merits of the case, 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), Rajsamand in Sessions Case No.22/08 vide his judgment dated 25.6.08 in Sessions Case No.22/08 against the accused – applicant Mal Singh s/o. Uday Singh shall remain suspended till the final disposal of the aforesaid criminal appeal, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the concerned trial Court for his appearance before this Court on 10.5.2010 on the conditions indicated below :- - 2 - S. B. Cr.Misc. Bail Application No. 436/10 (i) That applicant(s) will appear before the trial Court in the months of January and June of every year till the appeal is decided. (ii)That if the applicant(s) changes/change the place of residence(s), he/she/they will give in writing his/her/their changed address(es) to the trial Court as well as to the counsel in the High Court. (iii) Similarly, if the sureties change their addresses, they will give in writing their changed addresses to the trial Court. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to Sessions Case in which the accused-applicant(s) was/were 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(s) do/does not appear before the trial Court, the learned trial Judge shall forthwith report the matter to the High Court. (C.M. TOTLA),J.