IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ---------------------------------------------------- CRL APP BAIL No. 641 of 2008 IN CRL APPEAL NO. 1103/2006 UCHCHHAB KANWAR V/S STATE Mr. KULWANT SINGH, for the appellant. Mr. J.P.S. CHOUDHARY,P.P. , for the State. Date of Order : 9.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant and the learned Public Prosecutor and also perused the record. Considering the fact that the conviction rests only on dying declaration while even according to prosecution, there are two dying declarations, one having been made before the parents of the deceased and other being Exhibit P/7. Considering the variations between two, and there being no other evidence to connect the accused with the crime, in our view, it is appropriate to suspend the sentence awarded. Accordingly, 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 District & Sessions Judge (Fast Track) Hanumangarh Sessions Case No.78/2006 vide his judgment dated 17.10.2006 against the accused – applicant Uchchhab Kanwar wife of Prithvi Singh b/c Rajput shall remain suspended till the final disposal of the aforesaid criminal appeal provided she furnishes a personal bond in the sum of Rs.20,000/- and two sound and solvent sureties of Rs.10,000/- each to the satisfaction of the learned trial court for her appearance before this Court on the conditions indicated below: - (i) That she will appear before this Court on 18.8.2008. (ii) That she will appear before the trial court in the months of January and June of every year till the appeal is decided. (iii)That if the applicant changes the place of residence, she will give in writing her changed address to the trial court as well as to her counsel in the High Court. (iv)Similarly, if the sureties change their address (s),they will give in writing their changed address to the trail court. The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Cr. Misc. Case related to Sessions Case in which the accused- applicant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /ns. /