S.B. Criminal Miscellaneous III Bail Application (Suspension of Sentence) No.209 of 2008 In S.B. Criminal Appeal No.307 of 2006. Haneef son of Shri Abdul Gafoor VERSUS State of Rajasthan Date Of Order ::: 18/03/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. N.A. Naqvi, Counsel for the accused/appellant Ms. Manju Dave, Public Prosecutor for the State. Heard learned counsel for the parties. This is third application for suspension of sentence on behalf of the accused/appellant Haneef. The accused/appellant has been convicted and sentenced by the trial Court for the offence under Section 376/511, I.P.C. The first application of the accused/appellant was dismissed as not pressed on 08.01.2007. The second application of the accused/appellant was dismissed as not pressed on 10.09.2007. However, while dismissing the second application, this Court directed the Registry to list the appeal itself for hearing on priority basis, with liberty to the appellant that in case the appeal is not heard and decided within a period of six months, then it will be open for him to move fresh application thereafter. Learned counsel for the accused/appellant submits that earlier bail applications of the appellant were not dismissed on merits and the appellant has already remained in Jail for more than two-years, therefore, looking to the merits of the case as well as the period of sentence of imprisonment already undergone by him, his sentence may be suspended during the pendency of the appeal. Learned public prosecutor for the State has opposed the application. I have considered the submissions of the learned counsel for the parties, and after considering the same as well as the impugned judgment, the prosecution evidence available on record and further that the appellant has already remained in Jail for more than two-years, I think it fit and proper in the interest of justice to suspend the sentence of imprisonment of the accused/appellant awarded by the Special Judge, Women Atrocities & Dowry Case, Kota, in Sessions Case No.60/2005, vide its order dated 08.03.2006. It is, therefore, ordered that the sentence of imprisonment awarded to the accused-appellant Haneef son of Shri Abdul Gafoor will remain suspended during the pendency of this appeal and he may be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25,000/- (Rupees twenty five thousand only) to the satisfaction of the learned trial Court with the stipulation to appear before this Court on 17.04.2008 and whenever called upon to do so. (Narendra Kumar Jain) J.