1 S.B.CR.MISC. IV BAIL APPL. NO.959/2009 IN SB Cr.Appeal No.1201/2005 (Makhan @ Makhani Vs. State) Date of order : 20-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Anil Upman, for the appellant-applicant. Mr.S.K.Mehla, Public Prosecutor. This IV bail application on behalf of applicant Makhan @ Makhani under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 3.12.05 passed by learned Addl. Sessions Judge No.2, Kishangarh Bas, Distt. Alwar in sessions case no.3/2005 whereby applicant has been convicted for the offence under Sec.304, 328 IPC and Sec.16/54 of Rajasthan Excise Act and sentenced to maximum period of ten years' rigorous imprisonment along with fine. The third bail application for suspension of sentence on behalf of applicant was dismissed by the Coordinate Bench of this court vide order dated 2 13.2.2009. This fourth bail application has been filed mainly on the ground that there is no immediate prospect of appeal being heard in near future and that the accused- applicant is seriously ill and is under treatment in jail. It is also submitted that earlier accused-applicant has undergone operation and because of that operation, some complications have been developed and for which no proper facility is given and, as such, he should be accorded benefit of grant of suspension of sentence. The earlier application for suspension of sentence has been rejected by the Coordinate Bench of this court on merits in view of serious nature of allegation pertaining to selling of illicit liquor containing methyle alcohol causing death of about 17 persons, therefore, looking to the serious nature of offence and facts & circumstances of the case, this court is not inclined to grant suspension of sentence to the accused- applicant at this stage. Consequently, this IV bail application for grant of suspension of sentence is rejected. However, the jail authorities are 3 directed to ensure the proper care and treatment of accused-applicant and report the matter, if the condition is critical needing private treatment. Copy of this order be sent to the concerned jail authorities for necessary compliance. (Guman Singh),J. Sandeep/- Item No.13