1 S.B.Cr.Misc. II Bail App. No. 863/2007 (Banshilal Vs. State of Rajasthan) IN S.B.CRIMINAL APPEAL NO. 903/06 (Nehruram @ Prema Ram & Anr. Vs. State of Rajasthan) Date of order : 03/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. Ranjeet Joshi for the applicant-appellant. Mr. V.R.Mehta Public Prosecutor. Mr. Mangi Lal Bishnoi for the complainant. This is second bail application filed by applicant- appellant Banshilal. Heard learned counsel for the parties on the application for suspension of sentence. Perused the judgment and order impugned as also the record of the trial court. It is contended by learned counsel for the applicant- appellant that similarly situated co-accused Prataparam and other co-accused as also co-accused appellant No.1 herein Nehruram @ Prema Ram have been enlarged on bail and sentence awarded to them has been suspended by Co-ordinate Bench of this Court vide orders dated 13.7.2007 and 12.7.2007 in S.B.Cr. Misc. 4th Application for Suspension of Sentence No.583/07, 380/07, S.B.Cr. Misc. 5th Application for Suspension of Sentence No.584/07 in Criminal Appeal No.27/05 and S.B.Cr. Misc. II Application (suspension of Sentence) No.804/07 in Criminal Appeal No.903/06. Learned counsel submits that the parties have ultimately compromised the matter. This fact has not been disputed by learned counsel appearing for the complainant. 2 Having considered the totality of facts and circumstances of the case and the fact that sentence awarded to the similarly situated co-accused have been suspended by Co- ordinate Benches of this Court, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant-applicant. Accordingly, the bail application filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions Judge (Fast Track) No.1, Bikaner vide judgment dt. 20.9.2006 in sessions case No. 306/03 against applicant-appellant Banshilal S/o Lakharam shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs.10000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 30.8.2007 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence. (H.R.PANWAR),J. RP