1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CRL APP BAIL No. 509 of 2008 IN CRIMINAL APPEAL NO. 210/2008 DHARMA @ DHARAMPAL V/S STATE Mr. BS CHARAN, for the appellant / petitioner Mr. JPS CHOUDHARY, PP Date of Order : 9.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant, and learned Public Prosecutor, and perused the impugned judgment, and the entire record. 2 Considering the fact that the sheet-anchor of the prosecution case was the extra judicial confession of the accused which has not been believed by the learned trial court, and the conviction is rested only on the circumstantial evidence comprising of the recovery of dead body, Kassi used as a weapon of offence, and the blood stained shirt of the accused, all having been recovered on the information of and pursuant thereto at the instance of the accused. Considering the totality of circumstances, in our view, it is a fit case where the sentence awarded to the appellant should be suspended. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence passed by the learned Additional Sessions Judge (F.T.) No.2, Hanumangarh in Sessions Case No. 45 of 2007 vide his judgment dated 12.3.2008 against the accused applicant Dharma @ Dharampal shall remain suspended till the final disposal of the appeal provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sound and solvent sureties of Rs. 10,000/- each to the satisfaction of the learned trial court for his appearance before this Court on the conditions indicated below:- (i) That he will appear before this Court on 11.8.2008. (ii) That he will appear before the trial court in the months of January and June of every year till the appeal is decided. (iii)That if the applicant changes the place of 3 residence, he will give in writing his changed address to the trial court as well as to his counsel in the High Court. (iv)Similarly, if the sureties change their address (s),they will give in writing their changed address to the trail court. The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Cr. Misc. Case related to Sessions Case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/