1 S.B.CR.Misc. Bail Appl.(Suspension of Sentence)No.185/2007 In S.B.Cr.Revision Petition No.704/2007 (Ram Dayal vs. State of Rajasthan ) Date of order : September 03, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore, for the petitioner. Mr.Ashok Upadhyaya, P.P. for the State. Mr.G.L.Choudhary, for complainant. Heard learned counsel for the petitioner, Public Prosecutor for the State and the counsel for the complainant. Perused the judgments and orders passed by the Additional Chief Judicial Magistrate, Nagaur (for short `the trial court' hereinafter) in Cr.Case No.172/1997 as also by the Additional Sessions Judge, Nagaur (for short `the appellate court' hereinafter) in Cr. Appeal No.06/2003. I have also perused the record of the trial court. It is contended by the learned counsel for the petitioner that as per the statement of Doctor, who examined the injured, it is not the case that injured suffered the injury resulting in loss of vision. PW.1 Dr. Jagdish Narain and 2 PW.13 Dr. Pradeep Gupta examined the injured and thereafter the injured was examined by PW.10 Dr. G.S.Rathore, the Professor, Mathura Das Mathur Hospital, Jodhpur. It is contended by the learned counsel for the petitioner that Dr. G.S. Rathore PW.10 clearly stated in examination-in- chief that there had not been any injury either external or internal to the eye (eye-ball) of the injured. From perusal of the injury report and the statement of PW.1 Dr. Jagdish Narain, it appears that the injured suffered an injury outside the orbit resulting in fracture of bone. The occurrence has taken place on the spur of the moment between the parties and a case was also instituted against the complainant Smt. Bheekli and two others viz. Thakar Ram and Mohan Ram in Cr.Case No.70/93, which was tried by the Additional Chief Judicial Magistrate, Nagaur. In that case, complainant injured and two others have been convicted for the offences under section 448 and 323 I.P.C. The trial court as well as the appellate court have not taken note of document Ex.D/10, judgment of the trial court dt. 28.10.2002. 3 Learned counsel for the petitioner has invited my attention to Ex.D/6, the statement of Kachra Ram, brother of complainant Bheekli, who stated that the injury was caused by stone and the petitioner was not armed with axe. The occurrence took place on the spur of the moment for a petty matter. Learned counsel submits that both the courts below failed to consider the material evidence and, thus, there is an arguable law point involved in the revision petition. On careful perusal of the judgments and order of both the courts below, in my view, the statement of Kachra Ram, Ex.D/6 as also Ex.D/10 have not been appreciated as stated by the witnesses. Thus, in my view, there is an arguable question of law involved in the revision petition. Admit. Mr.Ashok Upadhyaya, learned Public Prosecutor waives service for respondent State and Mr.G.L.Chouhdary for complainant. Heard learned counsel for the parties on the application for suspension of sentence. Having regard to the facts and circumstances of the case and the fact that the revision petition has been admitted 4 and not likely to come up for hearing in near future, I consider it just and proper to suspend the substantive sentence of imprisonment awarded to the accused petitioner. Accordingly, the bail application filed under Sec. 397(1) Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned trial court and affirmed by the Additional Sessions Judge, Nagaur in criminal appeal No. 06/2003 against petitioner Ram Dayal alias Dayal Ram s/o Moda Ram shall remain suspended till final disposal of the aforesaid revision provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 05.10.2007 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence. (H.R.PANWAR), J. m.asif/-