1 D.B. CRI. MISC. BAIL APPLICATION (SUSPENSION OF SENTENCE) NO. 338/2008 (Akbar Hussain & Ors. Vs. State of Rajasthan) IN D.B.CRIMINAL APPEAL NO.874/2007 DATE OF ORDER : April 11, 2008 HON'BLE MR. JUSTICE H.R.PANWAR HON'BLE MR. JUSTICE BHANWAROO KHAN Mr.S.S.Shaktawat, for the appellant-applicant. Mr. V.R.Mehta, Public Prosecutor for the State. Learned counsel for the applicant-appellant does not want to press the bail application for suspension of sentence filed on behalf of applicant-appellants No.1 Akbar Hussain, No.3, Nabi Hussain and No.4 Mohd. Hussain. The application seeking suspension of sentence filed by applicant-appellants No.1 Akbar Hussain, No.3, Nabi Hussain and No.4 Mohd. Hussain is dismissed as not pressed. We have heard learned counsel for the appellant-applicants and Public Prosecutor for the State. Carefully gone through the judgment and order impugned and record of the trial court. No specific injury is alleged to have been caused by 2 petitioner No.2 Munshi Shah. Therefore, without commenting on the merit of the case, we are inclined to allow the application seeking suspension of sentence filed by applicant-appellant No.2 Munshi Shah s/o Mithu Shah under Section 389 Cr.P.C. The application under Section 389 Cr.P.C. for suspension of sentence filed on behalf of applicant-appellant No.2 Munshi Shah is accordingly allowed and it is directed that the sentence passed by Additional Sessions Judge (Fast Track), Chittorgarh vide his judgment dated 25.10.2007 in Sessions Case No.80/2006 against applicant-appellant No.2. Munshi Shah s/o Mithu Shah shall remain suspended till final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.20,000/- along with two sureties in the sum of Rs.10,000/- each to the satisfaction of the Additional Sessions Judge (Fast Track), Chittorgarh for his appearance before this Court on 12.5.2008 and subsequently before the trial court on the following conditions:- (1) That he shall appear before the trial court in the month of January every year till the appeal is decided. (2) That if the appellant-applicant changes the place of residence, he shall give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court. (3) Similarly, if sureties change their addresses, they shall give in writing their changed addresses to the trial court. 3 The trial court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-appellant 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. If the accused-appellant fails to appear before the trial court, the trial court shall report the matter to the High Court for cancellation of bail. (BHANWAROO KHAN), J. (H.R.PANWAR), J. m.asif/-