S.B. CRIMINAL MISC. II BAIL APPLI. (SUSPENSION OF SENTENCE) NO. 804/2007 IN S.B. CRIMINAL APPEAL NO. 903/2006 DATE OF ORDER : 12.07.2007 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Ranjeet Joshi for the applicant. Mr. V.R.Mehta, Public Prosecutor. Mr. Mangi Lal Bishnoi for the complainant. Heard learned counsel for the applicant, learned Public Prosecutor assisted by learned counsel for the complainant and perused the record. Learned counsel for the applicant submits that accused applicant Nehruram @ Prema Ram has been convicted for offence under Section 376 IPC and sentenced to ten years' imprisonment. This is second application for suspension of sentence. The first application for suspension of sentence of applicant Nehruram @ Prema Ram was rejected by the order of this Court dated 22.3.2007. It appears that the evidence of the prosecutrix has not been discussed in the order. Learned counsel for the applicant has drawn my attention to the cross examination of the prosecutrix at page 14 of the statement, in which, she has stated that she never met accused Prema Ram and when accused Prema Ram was put for identification, she said that he is not Nehru Ram. Though, Nehru Ram and Prema Ram are the same person. -2- Considering all the facts and circumstances of the case and in view of the contention of the learned counsel for the complainant that the matter has been compromised between the parties, I feel it just and proper to suspend the sentence awarded to the accused applicant. Accordingly, the second application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge (Fast Track) NO.1, Bikaner vide his judgment dated 20.9.2006 against accused applicant – Nehruram @ Prema Ram S/o Nimbaram shall remain suspended till the final disposal of 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 trial court for his appearance in this court on 30.08.2007 and whenever called upon to do so. (DEO NARAYAN THANVI), J. ms rathore