1 S.B.Cr.Misc. II Bail App. No. 1071/2007 IN S.B.CRIMINAL APPEAL NO. 520/2007 (Hakra Vs. State of Rajasthan) Date of order : 28/2/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Shambhoo Singh for the applicant-appellant. Mr. L.R.Upadhyay, Public Prosecutor. Mr. Rahul Bathi for the complainant. By an application being Cr. Misc. Application No.1767/2007, injured Harish submits that he has compromised the matter with the accused appellant and an agreement on non- judicial stamp of Rs. 100/- has been executed and placed on record along with the compromise and seeks to take on record the compromise annexed with the application. Injured Harish has been identified by his counsel Mr. Rahul Bathi. The offence under Section 307 IPC is not compoundable under Section 320 Cr.P.C. However, the effect of the compromise will be considered at the time of hearing of the appeal. The application being Cr.Misc. Application No.1767/07 is accordingly disposed of. By the instant application under Section 389 Cr.P.C., the accused applicant seeks suspension of sentence. Heard learned counsel for the parties on the application for suspension of sentence. Perused the order impugned and record. It is contended by learned counsel for the applicant- appellant that after dismissing the earlier application seeking suspension of sentence, the parties have compromised the matter as they are members of same family and compromised 2 has been placed on record including the agreement executed by the injured Harish. This fact has not been disputed by counsel appearing for the first informant and the applicant is in custody for over one year and appeal is not likely to come up for hearing. Having regard to the facts and circumstances of the case and keeping in view the fact that the parties are of the same family and matter has been compromised, without commenting on the merit of the case, 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), Dungarpur vide judgment dt. 28.6.2007 in sessions case No. 12/07 (06/07) against applicant -appellant Hakra S/o Shri Huka Damore Meena, 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.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 27.3.2008 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