S.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF SENTENCE) NO. 818/2007 IN S.B. CRIMINAL APPEAL NO. 495/2007 DATE OF ORDER : 13.07.2007 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Kulwant Singh for the applicants. Mr. V.R.Mehta, Public Prosecutor. Heard learned counsel for the applicants and the learned Public Prosecutor. Learned counsel for the applicants submits that in this case, co-accused Smt. Mena, Smt. Guddi and Smt. Meera @ Krishna have been enlarged on bail by the order of this Court dated 10.7.2007 on the ground that the spray was consumed by deceased Sushila herself as per the statement of her sister PW-1 Vimla, who has not been declared hostile and the eye witness of administering spray by the deceased is PW-5 Subhash, who is said to be brother of the deceased is a child witness, as he was minor at the time of giving statement. Learned counsel for the applicants further submits that present accused applicants are elder brother-in-laws of the deceased and there case is not distinguishable from the case of other co-accused persons, who have already been enlarged on bail by this Court. -2- Keeping in view the contentions of the learned counsel and considering all the facts and circumstances of the case, I feel it just and proper to suspend the sentence awarded to the accused applicants. Accordingly, the application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh vide his judgment dated 29.06.2007 against accused applicants – (1) Mahaveer S/o Mani Ram and (2) Jaichand @ Dei Chand S/o Mani Ram shall remain suspended till the final disposal of aforesaid criminal appeal provided each of them executes a personal bond in the sum of Rs.30,000/- along with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial court for their appearance in this court on 27.08.2007 and whenever called upon to do so. (DEO NARAYAN THANVI), J. ms rathore