1 D. B. CRIMINAL MISC. IIND BAIL APPLICATION (SUSPENSION OF SENTENCE) NO.634/2008 IN D. B. CRIMINAL APPEAL NO.27/2007, MALKIYAT SINGH V. THE STATE OF RAJASTHAN. DATE : 06-08-2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C. M. TOTLA, J. Mr. S.R.Sharma, for Applicant (s). Mr. Mahesh Bora, for Complainant. Mr. V.R.Mehta, PP, for the State. Heard learned counsel for Malkiyat Singh s/o. Gurudayal Singh. We may point out that there are two accused in the name Malkiyat Singh, one is Malkiyat Singh s/o. Sohan Singh and another is Malkiyat Singh s/o. Gurudayal Singh. The bail application of present accused-applicant Malkiyat Singh s/o. Gurudayal Singh was rejected by this Court on 1st February, 2007. Thereafter, accused Trilochan Singh s/o. Sohan Singh, Jarnail Singh s/o. Sohan Singh and Manjeet Singh s/o. Sohan Singh have been released on bail. The petitioner-appellant submitted this second bail application. According to the learned counsel for the appellant, the role of the appellant Malkiyat Singh has been dealt with by the trial Court in the judgment from P.64 to 66. According to the learned counsel for the appellant, only allegation against the appellant is that he was present on the place of occurrence. Another allegation against the appellant is that he was having Barchhi with him, but the trial Court has not recorded any finding that the present appellant has inflicted any injury by Barchhi. Learned Counsel Mr. Mahesh Bora and learned Public Prosecutor vehemently submitted that in this incident, two persons, were killed by large number of accused with common intention. In view of the fact that there were large number of 2 persons, yet witnesses stated that the accused Malkiyat Singh inflicted the injuries. It is also submitted that the name of Malkiyat Singh is also mentioned in the FIR and there is recovery of Barchhi from him. After considering the facts and evidence of the witnesses and the reasons given by the trial Court, without commenting on the merits of the case, we deem it proper to allow the second bail application for suspension of sentence of accused appellant Malkiyat Singh. 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 Sessions Judge, Raisinghnagar District – Sriganganagar, in Sessions Case No.06/2004 vide his judgment dated 04.12.2006 against the accused – applicant Malkiyat Singh s/o. Gurudayal Singh shall remain suspended till the final disposal of the aforesaid criminal appeal, provided he furnishes a personal bond in the sum of Rs.30,000/- and two sound and solvent sureties of Rs.15,000/- each to the satisfaction of the learned trial court for his appearance before this Court on the conditions indicated below: - (i) That he will appear before this Court on 08.09.2008. (ii) That he 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, he will give in writing his changed address to the trial court as well as to his counsel in the High Court. (iv)Similarly, if the sureties change their address,they will 3 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. (C. M. TOTLA), J. (PRAKASH TATIA), J. scd