1 D.B. Criminal Misc. Bail Application No. 77/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER D. B. Criminal Misc. Bail Application No. 77/2010 In D.B. Criminal Appeal No. 58/2007 Roshan Lal Naval Vs. The State of Rajasthan. Date of Order: 29.11.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mr. Raghuvendra S. Rathore,J. Mr. Biri Singh Sinsinwar, for the applicant- appellant. Ms. Rekha Madnani, Public Prosecutor, for the State. Heard learned counsel for the parties. 2. It is contended on behalf of the appellant that appellant has been convicted under Section 302 I.P.C. with the aid of Section 149 I.P.C.; he was on bail during trial and did not misuse the liberty granted to him. Co- accused persons namely Ram Singh and Mahendra Singh, who were also convicted under Section 302 I.P.C. with the aid of Section 149 I.P.C., are similarly situated and they have been granted bail by Hon'ble Apex Court in Criminal Appeal No. 1298/2007 and Criminal Misc. Petition No. 2 D.B. Criminal Misc. Bail Application No. 77/2010 3694/2010 vide order dated 16.11.2010, therefore, application for suspension of sentence of the appellant may also be allowed. 3. Above facts have not been disputed by learned counsel for the complainant as well as Public Prosecutor. 4. After considering all the facts and circumstances of the case, particularly that appellant was on bail during trial and similarly situated accused persons namely Ram Singh and Mahendra Singh have been granted bail by Hon'ble Apex Court, we think it fit and proper to suspend the sentence of imprisonment of the appellant also. 5. Consequently, application for suspension of sentence is allowed and it is directed that operation of impugned judgment of imprisonment dated 05.01.2007 passed by Additional Sessions Judge(Fast Track), Behror, District Alwar in Sessions Case No. 5/2006(46/2005) shall remain suspended during pendency of this appeal and the appellant Roshan Lal Naval S/o. Shri Madu Ram be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousands Only) with two surety bond of 3 D.B. Criminal Misc. Bail Application No. 77/2010 Rs. 25,000/-(Rupees Twenty Five Thousands Only) each to the satisfaction of the trial court to appear before this Court on 03.01.2011 and as and when he is called upon to do so. (Raghuvendra S. Rathore),J. (Narendra Kumar Jain),J. Manoj, Item No.27.