1 DB Crl.Misc. Bail Appl. No.774/2008 in DB Cr.Appeal No.441/2008 Mohammed Aarif @ Anr. vs. State of Rajasthan. D.B. Criminal Misc. Bail Application/Suspension of Sentence Petition No.774/2008 in D.B. Criminal Appeal No.441/2008 Mohammed Aarif & Anr. vs. State of Rajasthan. Date of Order : 26.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. Mr.NK Bohra, for the petitioner. Mr.JPS Choudhary, PP. Mr.Iqbal Sherani, for the complainant. - - - - - Heard learned counsel for the appellants/ petitioners and learned counsel for the complainant as well as learned Public Prosecutor and perused the record. The petitioners Mohammed Aarif and Mohammed Rafique were convicted by the Court of Additional Sessions Judge No.1 (Fast Track), Jodhpur in Sessions Case No.35/2007 for offence punishable under Section 302 IPC. 2 DB Crl.Misc. Bail Appl. No.774/2008 in DB Cr.Appeal No.441/2008 Mohammed Aarif @ Anr. vs. State of Rajasthan. Learned counsel for the appellant submitted that the appellants are elder and younger brother of the husband of the deceased and all the accused had been acquitted for charge under Sections 498A and 304B IPC. It is submitted that the trial court convicted the appellants and other accused on the basis of dying declaration Ex.P/4. It is submitted that from a perusal of the said dying declaration as well as from the evidence on record, it is clear that the appellants are not involved in any offence. It is also submitted that the appellants were on bail during trial. Learned counsel for the complainant vehemently submitted that the victim in her statement before the Magistrate clearly stated that she was burnt by her husband and all the family members of her husband were saying that burn the victim. Learned public prosecutor opposed the bail application. We perused the record and gone through the oral statement as well as dying declaration. The appellants were on bail and co-accused have already been enlarged on bail by the order of this Court on 18.7.2008 and 3 DB Crl.Misc. Bail Appl. No.774/2008 in DB Cr.Appeal No.441/2008 Mohammed Aarif @ Anr. vs. State of Rajasthan. after going through the entire record and without commenting on the merits of the case, we deem it proper to suspend the substantive sentence of the appellants/ petitioners. Accordingly, this bail application is allowed, the substantive sentence awarded to the accused appellants/petitioners Mohammed Aarif s/o Abdul Gaffar and Mohammed Rafique s/o Abdul Gaffar is hereby suspended. They shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- each and two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of Learned Additional Sessions Judge (Fast Track) No.1, Jodhpur for their appearance before this Court on the conditions indicated below :- (i)That they will appear before this court on 29.9.2008. (ii)That they 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 appellants change the place of residence, they will give in writing their changed address to the trial court as well as to 4 DB Crl.Misc. Bail Appl. No.774/2008 in DB Cr.Appeal No.441/2008 Mohammed Aarif @ Anr. vs. State of Rajasthan. their counsel in the High Court. (iv)Similarly, if the sureties change their address(es), they will give in writing their changed address to the trial court. The learned trial court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused- appellants 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 appellants do 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. S.Phophaliya