[1] DBSOSA 1117/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D. B. CRIMINAL MISC. BAIL APPLICATION NO. 1117/2009 IN D.B. CRIMINAL APPEAL NO. 1116/2009 MOHAN Vs. STATE OF RAJASTHAN Date: 30.10.2009 HON'BLE MR. JUSTICE DALIP SINGH HON'BLE MR. JUSTICE K.S. CHAUDHARI Mr. Biri Singh with Mr. Rajesh Chaturvedi, Advocates for the appellant. Mr. J.R. Bijarnia, Public Prosecutor for the State. **** The present application for suspension of sentence under Section 389 Cr.P.C. has been filed by accused-appellant Mohan, who has been convicted by the learned trial Court vide impugned judgment dated 22.10.2009 under Section 411 IPC and sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 1000/-. A certificate under Rule 311(3) of the High Court Rules has been filed by the Counsel for the accused-appellant stating therein that vide order of the learned trial Court, at the time of pronouncement of the judgment the sentence awarded to the accused-appellant Mohan has been suspended for a period of one month w.e.f. 22.10.2009 and he was on bail during trial. In the facts and circumstances of the case, therefore, we deem it just and proper to suspend the [2] DBSOSA 1117/2009 sentence awarded to the accused-appellant Mohan during pendency of the appeal. Consequently, the present bail application seeking suspension of sentence is allowed and it is, therefore, ordered that the sentence awarded to accused-appellant Mohan S/o Prabhatya Bavaria shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of Rs. 25,000/- (Rs. Twenty five thousand) each to the satisfaction of the trial Court with the stipulation to appear before this Court on 30.11.2009 and thereafter whenever called upon to do so. (K.S. CHAUDHARI),J. (DALIP SINGH),J. /KKC/