(1) DB CRIM. MISC. SOSA NO.1072/2010 GUDDU @ HAZRAT ALI Vs. STATE OF RAJ. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. CRIMINAL MISC. BAIL APPLICATION FOR SUSPENSION OF SENTENCE NO.1072/2010 IN D.B. CRIMINAL APPEAL NO.743/2010 GUDDU @ HAZRAT ALI Vs. STATE OF RAJASTHAN Date: 10.01.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Suresh Sahni with Mr. R.M. Sharma, for the accused-appellant. Ms. Rekha Madnani, Pubic Prosecutor for the State. **** Heard learned counsel for the parties. Learned counsel for appellant argued that there is only one eye-witness in the case, namely PW3 Laxman Singh, who has not identified the appellant in the Court and he was declared hostile by the prosecution. He further stated that his case is distinguishable from other two co-accused persons, who were convicted earlier by the trial Court, namely, Sharief and Nawal, therefore, the sentence of imprisonment awarded by the trial Court against appellant may be suspended during pendency of the appeal. (2) DB CRIM. MISC. SOSA NO.1072/2010 GUDDU @ HAZRAT ALI Vs. STATE OF RAJ. Learned Public Prosecutor opposed the bail application, but admitted the above facts stated by the learned counsel for appellant. After considering all the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, we are inclined to allow this bail application and the same is hereby allowed. It is, therefore, directed that sentence of imprisonment of appellant Guddu @ Hazrat Ali S/o Shri Ramzani, passed by the Additional Sessions Judge (Fast Track), Chhabra, District Baran vide impugned judgment dated 09.08.2010 in Sessions Case No.6/2008 shall remain suspended during the pendency of the appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of Rs. 25,000/- (Rs. Twenty five thousand) each to the satisfaction of the trial Court to appear before this Court on 14.02.2011 and as and when he is called upon to do so. (RAGHUVENDRA S. RATHORE),J. (NARENDRA KUMAR JAIN),J. /KKC/