SB Criminal Misc. IV Application for Suspension of Sentence No.185/09 In Appeal No.1135/05 Vinod Kumar v. State of Rajasthan 10.2.09 Hon'ble JR Goyal, J. Mr. Biri Singh, for applicant-appellant Mr. SD Khaspuriya, Public Prosecutor This IV Suspension of Sentence Application has been filed by the applicant- appellant under S.389 Cr.P.C. in Criminal Appeal No.1135/05 preferred against the judgment dated 2.12.2005 passed by Additional Sessions Judge, Malpura in Sessions Case No.13/04 by which the applicant-appellant has been convicted, along with other co-accused persons, for the offences under Section 394 and 397 read with S.34 IPC and sentenced to undergo maximum seven years' rigorous imprisonment and fine. Earlier, three Suspension of Sentence Applications/Bail Applications filed by the applicant-appellant have been dismissed by this court. Heard learned counsel for the applicant-appellant, learned Public Prosecutor and perused the relevant material produced before me. It was, inter alia, contended that the applicant-appellant has been sentenced to imprisonment for a maximum period of seven years and he has already remained in custody for more than three-and-a-half years and his appeal is not likely to be listed for hearing in the near future. It was further contended that in similar circumstances, co-appellant Suresh alias Gutya has been released on bail by the co- ordinate Bench in IV Bail Application (Suspension of Sentence) No.98/09. Learned Public Prosecutor opposed the bail application but could not controvert that the applicant-appellant has already suffered more than half of the sentence awarded to him and it has also not been controverted that so far the appeal has not been listed for hearing. Considering all the facts and circumstances of the matter and also keeping in view that the sentence of co-appellant Suresh alias Gutya has already been suspended and he has been ordered to be released on bail in similar circumstances by co-ordinate Bench, I find it fit to suspend the execution of sentence of imprisonment passed against the applicant-appellant during pendency of this appeal. It is, therefore, ordered that execution of the sentence awarded by the court below to the applicant-appellant Vinod Kumar son of Padya, shall remain suspended during pendency of this appeal and he be released on bail provided he deposits the fine in the trial court and furnishes a personal bond in the sum of Rs.40,000/- with two surety bonds in the sum of Rs.20,000/- each to the satisfaction of the trial court for his appearance before this court on 13.3.2009 and whenever called upon to do so. (J.R.Goyal) J. db