(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. CRI. MISC. BAIL (SOS) APPLI. No. 413/2009 (Om Prakash Vs State) IN D.B. CRIMINAL APPEAL No. 316/2009 (Ghanshyam & Anr. Vs State) Date: 10/04/2009 ** HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE K.S. CHAUDHARI ** Mr. Nawab Ali Rathore, for the accused-appellant. Mr. Rajendra Yadav, PP for the State. -- Heard learned counsel for the accused-appellant as well as learned Public Prosecutor for the State and have also gone through the impugned judgment dated 24.03.2009. 2. Learned Counsel for the appellant submits that vide impugned judgment dated 24.03.2009 passed by the Additional Sessions Judge (Fast Track), Baran in Sessions Case No. 53/2005 the accused-appellant, Om Prakash has been convicted for the offence under Section 325 and 323, IPC and the maximum sentence awarded to the accused- appellant is simple imprisonment for two years. (2) 3. Learned counsel for the accused-appellant submits that during the trial the accused-appellant, Om Prakash was on bail and his sentence has been suspended by the trial court for one month. 4. Taking into consideration the entire facts and circumstances of the case, we deem it proper to suspend the sentence awarded to the accused- appellant till the disposal of the appeal. 5. Consequently, the present application under Section 389 Cr.P.C. seeking suspension of sentence is allowed and it is, therefore, ordered that the sentence awarded to the accused-appellant Om Prakash S/o Ghanshyam, by caste- Mali, shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of Rs. 15,000/- (Rupees Fifteen Thousand Only) each to the satisfaction of the trial court with the stipulation to appear before this Court on 11.05.2009 and thereafter whenever called upon to do so. (K.S. CHAUDHARI), J. (K.S. RATHORE), J. DJ/- S-8