SOSA 991/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** S.B. Cr. Misc. Suspension (Bail) Application No..991/2009 In S.B. Criminal Appeal No. 863/2009 Rakesh & ors. Versus State Date of Order ::: 30/09/2009 Hon'ble Mr. Justice Guman Singh. Mr. Surendra Sharma, for accused-applicants. Mr. Sanjeev Kr. Mehla, PP Heard counsel for the accused-applicants as well as learned Public Prosecutor for the State and perused the material made available. Application has been filed by the accused- applicants under Section 389 Cr.P.C. for suspension of sentence. Learned counsel for the accused-applicants submits that the court below has convicted all the accused-applicants for offence under Section 307 with the help of Section 34 IPC and none of the accused-applicants has been convicted for a specific charge of Section 304 IPC for an independent act. Learned counsel for the accused-applicants further submits that the offence under Section 307 is not proved as per the evidence on record as the injured was conscious throughout and there was no symptom of the injury being dangerous to life as per the evidence of the doctors who examined him and the doctor deposed the injury dangerous only on the ground that he had seen the CT scan and bed ticket but the SOSA 991/09 //2// same were not produced in the Court and hence indulgence of suspensions of sentence may be granted. Per contra learned Public Prosecutor opposed the bail but considered the factual aspect submitted by counsel for the accused- applicants with regard to the incident and the evidence adduced. In view of the submissions advanced by counsel for the accused-applicants, without commenting on the merits of the case, I deem it proper to grant indulgence of suspension of sentence to the accused-applicants. It is, therefore, ordered that the sentence of the accused-applicants (1)Rakesh son of Baijnath; (2)Vijay @ Vikku son of Baijnath and (3)Rajesh son of Baijnath awarded by the Additional Sessions Judge (Fast Track) No.1, Kota in Sessions Case No. 222/2007, titled as State Vs. Baijnath and others, vide his judgment dated 24/07/2009 shall remain suspended during the pendency of appeal, provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the learned lower court with the stipulation to appear before this Court on 30/10/2009 and thereafter whenever called upon to do so. (Guman Singh), J. Raghu-991sosa2009-final.doc