1 10 D.B. CRIMINAL BAIL APPLICATION NO. 1058/2010. (SUSPENSION OF SENTENCE) IN D.B. CRIMINAL APPEAL NO. 507/2010. Kamaljeet Kaur Vs. State .. Date of Order :: 18th December 2010 HON'BLE MR.JUSTICE DINESH MAHESHWARI HON'BLE MR.JUSTICE C.M. TOTLA Mr. Vikas Bijarnia, for the petitioner. Mr. K.R. Bishnoi, Public Prosecutor. <><><> The petitioner Kamaljeet Kaur was tried for offence under Section 302/34 IPC with the co-accused Jasveer Singh in Sessions Case No.34/2009. By the impugned judgment and order dated 10.06.2010, the learned Additional Sessions Judge (Fast Track), Anoopgarh has acquitted the co-accused Jasveer Singh while extending him benefit of doubt. However, the petitioner-appellant Kamaljeet Kaur has been convicted and sentenced to life imprisonment and fine in the sum of Rs.10,000/-. The appeal preferred by the petitioner being D.B.Criminal Appeal No.507/2010 has been admitted for consideration. The appellant has moved this application for suspension of execution of sentence during the pendency of appeal. It is submitted that the petitioner and the co-accused Jasveer Singh were tried in this case essentially on the 2 allegations of illicit relations between them and for that reason, they having caused the death of Pratap Singh, husband of the petitioner. It is contended that with the learned Trial Court disbelieving the allegations of alleged illicit relations, the entire basis of the prosecution case was knocked out. It is submitted that in this case based on circumstantial evidence, the prosecution has failed to establish the chain of circumstances which could lead only to the conclusion of the guilt of the petitioner. It is further submitted that the remote aspect of recovery of a blood stained 'Chunni' at the instance of the petitioner, cannot be taken sufficient for conviction in this case more particularly when the FSL report does not co-relate the blood stains on the alleged Chunni with the blood group of the deceased. It is submitted that the case being of entirely unsure nature and the petitioner having been convicted only on suspicion, execution of sentence deserves to be suspended during hearing of this appeal. The learned Public Prosecutor has opposed the bail application with reference to the findings of the learned Trial Court. Having examined the record and having given a thoughtful consideration to the entire matter, of course, without any comments on the merits of the case, we are of the 3 considered view that execution of substantive sentence as awarded to the petitioner deserves to be suspended during pendency of hearing of this appeal. Accordingly, this application for suspension of sentence is allowed and it is ordered that execution of the substantive sentence awarded by the learned Additional Sessions Judge (Fast Track), Anoopgarh by the judgment and order dated 10.06.2010 against the petitioner (appellant) Kamaljeet Kaur w/o Pratap Singh shall remain suspended till the final disposal of the aforesaid criminal appeal provided she 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 learned trial Court for her appearance in this Court on the conditions indicated below:- (i) That she will appear before this Court on 28.01.2011; (ii) That she will appear before the Trial Court in the months of January and June every year till the appeal is decided; (iii) That if the appellant changes the place of residence, she will give in writing her changed address to the Trial Court as well as to his counsel in the High Court; and 4 (iv) That 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 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 purposes relating to pendency and disposal of cases in the Trial Court. In case, the said accused appellant does not appear before the Trial Court, the learned trial Judge shall report the matter to this Court for cancellation of bail. (C.M. TOTLA), J. (DINESH MAHESHWARI), J. /Mohan/