S.B.CR. MISC.III SUSPENSION APPLICATION No.911/2009 IN S .B. CRIMINAL APPEAL No.164/2008 Hamid Khan vs. State 21.08.2009 HON'BLE MR. JUSTICE G.S. SARRAF Mr.M.Iqbal Khan, for appellant applicant. Mr.Mahendra Meena, PP for State The appellant applicant has been convicted under various sections of IPC and the maximum sentence of imprisonment passed against him is five years rigorous imprisonment under Section 307 IPC. Earlier the application for suspension of the setence has been dismissed twice and this is the third application. Heard learned counsel for the appellant applicant, learned Public Prosecutor for the State and perused the relevant material placed before me. By order dated 27.1.2009 passed by this Court the application for suspension of sentence of the appellant applicant was dismissed but the appellant applicant was given liberty to move fresh application if the case was not lised for hearing within six months. Learned counsel for the appellant applicant submits that even after expiry of six months from the date of the above order the appeal has not been listed for hearing. Considering the submission and after taking into consideration all the facts and circumstances of the case, I find it appropriate to suspend the sentence awarded to the appellant applicant and release him on bail till the disposal of this appeal. Consequently, the sentence awarded to the appellant applicant shall remain suspended during pendency of this appeal and the appellant applicant Hamid Khan son of Ishab be released on bail provided he deposits the fine and furnishes a personal bond in the sum of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the trial court with the stipulation to appear before this court on 14.09.2009 and thereafter, whenever called upon to do so. (G.S. Sarraf), J. Sanjay Solanki Jr.P.A. Item Nos/1