1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR D.B. Criminal Misc. Bail Application No. 719/2009 In D.B. Criminal Appeal No. 392/2009 Moolchand @ Murlidhar Versus State of Rajasthan Date of Order: 10.03.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mrs. Meena V. Gomber,J. Mr. Biri Singh Sinsinwar, for the applicant- appellant. Mr. Piyush Kumar, Public Prosecutor, for the State. BY THE COURT: Heard learned counsel for the parties and examined the impugned judgment as well as record of the trial court. It is contended on behalf of the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. It is further contended that this is a case wherein there is no eye witness and the entire prosecution case is based on circumstantial evidence. The co-accused namely Smt. Santosh has already been acquitted. It is also contended that most of the prosecution witnesses were declared hostile and the disposal of the appeal is likely to take time. Therefore, the sentence of imprisonment awarded 2 be suspended during the pendency of this appeal. Learned Public Prosecutor has opposed the bail application. We have considered the submissions of learned counsel for the appellant and after considering the same, without expressing any opinion on merits and demerits of the case, we are inclined to allow this application for suspension of sentence. The application for suspension of sentence is allowed. It is directed that the operation of the impugned judgment and order of sentence of imprisonment dated 15.04.2009 passed by Additional District and Sessions Judge(Fast Track) No. 2, Sikar, Camp Sri- Madhopur in Sessions Case No. 23/2007 shall remain suspended and the appellant, Moolchand @ Murlidhar S/o. Rameshwarlal shall be released on bail provided he furnishes a personal bond in the sum of Rs. 25,000/- with one surety bond in the like amount to the satisfaction of the trial court to appear before this Court on 09.04.2010 and as and when he is called upon to do so. (Meena V. Gomber),J. (Narendra Kumar Jain),J. Manoj Item No.4.